Covington Premises Liability Lawyer

It’s an unfortunate reality that hazards exist in our daily lives, and sometimes, an accident is just that: an accident. However, if someone fails to ensure their property or premises are safe, they can be liable for any resulting injuries. If you or a loved one was recently injured on someone else’s property and you believe their negligence is to blame, contact our Covington premises liability lawyer immediately. You have rights and options!

What Is Premises Liability? 

While you have probably heard the term “slip and fall” before, you may be unfamiliar with premise liability law.  Premises liability is an area of personal injury law related to hazardous property conditions. The types of premises covered by premise liability law include your home, land, vehicle, and business, and accidents can occur inside or outside. A slip and fall is only one type of premise liability claim.

Common Premises Liability Accidents 

Because premise liability accidents involve most dangerous property situations, there are infinite types of accidents. However, there are a few we see frequently. 

Slip and Falls

Slip and fall lawsuits are among the most common premise liability cases. These can occur under many different circumstances, including: 

  • Uncleaned spills,
  • Wet floors,
  • Uneven sidewalks and pavement, 
  • Debris,
  • Oil slicks,
  • Loose floorboards or torn carpet,
  • Untreated ice, and
  • Hazardous puddles.

A slip and fall can end in bumps or bruises or can cause severe injuries such as traumatic brain injury, paralysis, and broken bones. If you think someone else’s negligence caused your accident, a Covington slip and fall lawyer can assess your case and advise you of your legal options.

Dog Bites

Many people consider their dog a beloved family member, but under the law, it is considered property. You may have a premise liability claim against the property owner if you are attacked or bitten by a dog. In Louisiana, owners are liable for injuries caused by their dogs under most circumstances. 

Swimming Pool Accidents

Drowning is one of the leading causes of death of young children in Louisiana. Residential swimming pools are the most common places for drownings among small children. Property owners are responsible for securing their swimming pools with fencing, gates, covers, locks, and other mechanisms to prevent unsupervised children from entering. If a pool owner fails to take required safety measures or is somehow negligent in securing their pool, they can be held liable for any injuries.

Other examples of premises liability claims include the following: 

  • Elevator and escalator accidents, 
  • Falling objects, 
  • Roof collapse,
  • Negligent security,
  • Fires, 
  • Construction site negligence, and 
  • Parking lot accidents. 

If you believe a property owner’s negligence caused your injuries, speak to our Covington premises liability attorney today.

Elements of a Successful Premises Liability Lawsuit

Proving a premise liability claim is more complicated than you might think. It can be challenging and complex to prove the negligent party is liable for your injuries and damages. 

Duty

Generally speaking, there is a duty in Louisiana to keep a premises free of any hazardous condition which reasonably might give rise to damages. The scope of this duty, however, depends on your visitor classification:

  • Invitees. An invitee is on a premise for the mutual benefit of the guest and the property owner. An example would be a grocery store patron. Invitees are owed the highest duty of care, requiring owners to keep the property in a reasonably safe condition and to protect guests from unreasonable risk.
  • Licensees. A person who is invited, or is at least not prohibited from entering the premises. For instance, an invited guest at your home is a licensee. Landowners still owe licensees a duty of care, but generally only to prevent reckless or grossly negligent conditions. 
  • Trespassers. A  trespasser is a person who enters the premises of another without permission, and they are owed the least onerous duty of care.

Proving your classification when the accident occurred is crucial to your claim.

Breach

Once you determine the applicable duty of care, you must prove the property owner or occupier breached that duty by failing to exercise reasonable care under the circumstances. This will involve showing that the hazard presented an unreasonable risk of harm, that the resulting harm was foreseeable, and that the property owner created or had actual or constructive notice of the hazard.

Causation & Damages

Finally, you must establish that their breach was the direct cause of your injury and that you suffered financial loss as a result. For instance, if you slip and fall on a spill in a grocery store but are uninjured, your claim may not succeed because you suffered no compensable injury.

Damages in a Premise Liability Claim

If you can successfully establish the elements of your claim, you will be entitled to compensation. There are generally two types of damages available: special and general. 

Special Damages

Special damages, often called economic damages in other jurisdictions, are intended to compensate victims for the actual losses incurred because of their injuries. Special damages include out-of-pocket expenses, estimates, and anticipated future costs related to the injury. Typical economic damages include:

  • Medical expenses. You can seek compensation for any medical bills from the time of the injury through the present and any anticipated future costs, such as if you will need surgery in the future or require lifelong pharmaceuticals.
  • Lost wages and inability to earn a living. You can seek compensation for the money you have lost from being unable to work until now and for future lost earnings if you cannot work further. This can also include lost benefits such as retirement and pension earnings. 
  • Property damages. If any personal property was damaged, you can seek compensation for repair or replacement. 

Our attorneys can help you estimate your potential special damages.

General Damages

General damages are also intended to compensate an accident victim for their losses. However, these compensate victims for their subjective losses. These are intangible losses such as:

  • Pain and suffering;
  • Emotional distress;
  • Mental anguish;
  • Disfigurement;
  • Loss of enjoyment of life; and
  • Loss of consortium. 

General damages compensate a victim for the negative impact of their injury on their life. These damages can be challenging to calculate since they vary widely from individual to individual and are often vulnerable to interpretation and disagreement among victims and insurance companies. 

A seasoned lawyer can be the difference in significant compensation for your injuries.

Contact a Covington Premises Liability Lawyer

At Bennett Hodgins Devereaux, every personal injury case is personal to us. You never have to worry about out-of-pocket costs when hiring us. We only get paid if we recover for you. Contact us today for a compassionate, no-obligation consultation with our expert team.

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