Were you recently hurt on someone else’s property due to unsafe conditions? If you’ve been injured in a slip or trip and fall, or any other type of accident caused by property hazards, our firm is ready to help. Contact a Monroe, Louisiana slip & fall lawyer from Breithaupt, DuBos & Wolleson today to learn more about premises liability claims in Monroe and how we can guide you through the process.
The Importance of Hiring a Monroe Slip & Fall Lawyer
Property owners are legally responsible for keeping their premises safe. When they fail to do so, and someone is injured, there’s a strong chance the injured party can hold them accountable via a premises liability claim. However, no one should ever pursue such a claim without a competent Ouachita Parish, Louisiana personal injury lawyer in their corner who has an in-depth knowledge of these claims. We have experience negotiating with insurance companies and even taking cases to trial when necessary. You can rely on us to provide you with the aggressive legal representation you deserve.
Where Slip & Falls Happen
Slip and fall accidents can happen in virtually any setting, as all it takes is one small portion of neglected property to cause someone to sustain a serious injury. Even relatively “minor” safety hazards, such as a wet floor, can cause very major injuries. That said, slip and fall accidents are more common in certain settings than in others. Some of the most common places we see slip and fall accidents are as follows:
- Supermarkets
- Hospitals
- Restaurants
- Department stores
- Construction sites or other workplaces
- Hotels
- Stairwells
- Parking lots
- Apartments
Premises Liability Claims in Louisiana
Unfortunately, simply sustaining an injury in a slip and fall isn’t enough to qualify a person for compensation. To win compensation in a premises liability claim, you’ll have to demonstrate the following to satisfy the burden of proof:
- There was an unsafe property condition that the property owner either knew or should have known about.
- The property owner neglected to fix the safety hazard in a timely manner.
- You were injured because of the property owner’s failure to fix the dangerous condition(s).
- You incurred significant damages as a result of your injury.
Merchant Claims vs. Property Owner Claims in Louisiana
The rules that govern your claim depend on where you fell. When the fall happens at a business such as a store, restaurant, or hotel, Louisiana applies a specific merchant liability statute. Under that statute, you must show that the condition presented an unreasonable risk of harm that was reasonably foreseeable, that the merchant created or had actual or constructive notice of the condition before the fall, and that the merchant failed to exercise reasonable care. When the fall happens on other property, a related standard under Louisiana Civil Code article 2317.1 asks whether the owner knew or should have known of a defect and failed to fix it. Because these standards differ, and because proving that a hazard existed long enough to give notice is often difficult, identifying the correct rule early can shape your case.
Don’t Wait–File Today
Those who’ve been hurt have a lot on their plate, and so, understandably, they often wait before getting involved in the legal process. That said, this is almost always a mistake. The statute of limitations for most personal injury claims in Louisiana is two years under Louisiana Civil Code article 3493.1, meaning if you wait longer than two years to sue, you’ll likely permanently lose your right to pursue a personal injury claim.
Contact a Slip & Fall Lawyer from Breithaupt, DuBos & Wolleson Today
If you were injured because of dangerous property conditions, you need a legal team you can depend on. Fortunately, you’ve just found that legal team. Contact Breithaupt, DuBos & Wolleson today to schedule your free consultation with our personal injury law firm.