Premises liability is the responsibility of the property owner to ensure the safety of any persons occupying their property. This means the owner is legally responsible for any injuries you may sustain while on their property, whether it be a slip and fall accident on a cracked sidewalk or a head injury incurred when falling from a collapsing stairway. You should be aware of the basics of a premises liability claim and know when a Louisiana personal injury attorney can help.

What is premises liability and how does it apply to my accident?

Whenever you occupy any property other than your own, you have the right to assume the property owner has taken measures to ensure your safety while on the premises. Most anywhere you go in your daily life falls within these rights: supermarkets, city sidewalks, parks, neighbors’ houses, and so on.

The responsible upkeep of the property is a requirement of the property owner and that includes the maintenance of such things as:

• Walkways – Must be kept free of cracks, bumps, and spills;
• Landscaping – Should include regular maintenance, such as trimming branches, etc.;
• Equipment – All equipment should be kept in fair working order, including amusement rides, benches, and so on; AND
• Buildings – Includes the requirement for safe and clear staircases, entryways and awnings.

If you are injured due to the neglect of any upkeep on the premises, or any hazards present in the area, you have the right to file a premises liability claim.

Your Role in a Louisiana Premises Liability Claim

You are considered to be a visitor when occupying another person’s property. The reason for your occupation may factor into your Louisiana premises liability case, so it is important to determine if you are considered a lawful or unlawful visitor.

A lawful visitor is someone who is legally allowed to be on the property, either by invitation—such as for a party at a neighbor’s house—or by necessity such as a customer in a store. An unlawful visitor is a trespasser; someone occupying a property marked as a “No Trespassing” area or on the premises after public hours at a store or venue have ended. Premises liability usually does not apply to any injury a trespasser may sustain, as they are illegally on the property at their own risk, thereby waiving many of their rights.

When determining if a property owner is liable for an injury sustained on their premises, the claim usually looks at the condition of the property and the owner’s efforts to give reasonable warning to any unsafe situations.

Contacting a Louisiana Personal Injury Attorney

For answers to all your Louisiana premises liability questions and help with your accident, you have the right to consult with an experienced Louisiana personal injury attorney. Contact the Louisiana personal injury attorneys at the Law Offices of J. Price McNamara to schedule your FREE legal consultation today – (866) 248-0580.