No one ever expects to be injured while visiting an amusement park, swimming in a neighbor’s pool, or shopping at a local mall. But the truth is that every year, countless people are injured while they are on someone else’s public or private property. If it happens to you, it’s important to understand your right to compensation under the premises liability law. Contact the experienced premises liability attorneys at Blase Inzina Injury Attorneys as soon as possible to discuss your case.
What is Premises Liability?
Premises liability is a legal theory that states property owners, tenants, and occupants who are in control of a property are responsible for maintaining safe conditions on it to ensure the safety of their guests. If a property owner, tenant, or occupant fails to fulfill this legal obligation, they could be held liable for injuries that occur as a result of dangerous conditions on the property.
What Are the Common Types of Premises Liability Cases in Lafayette?
A premises liability case may arise whenever someone is injured by a dangerous condition on a public or private property. These cases often involve serious injuries, including head trauma, spinal cord damage, broken bones, and internal injuries.
There are a wide range of dangerous conditions and accidents that can occur on public and private properties, which means there are many different types of premises liability cases. Some of the most common types of premises liability cases involve:
- Swimming pool injuries
- Elevator or stairway accidents
- Slip and fall cases
- Animal bites
- Amusement park or water park accidents
- Negligent security
- Inadequate lighting
- Poisonous or toxic fumes
These are some of the many examples of premises liability cases. If you’re not sure whether or not you have a case, it’s best to speak to an injury attorney at Blase Inzina Injury Attorneys. Tell us more about your injuries and how they occurred so we can determine whether or not you are entitled to compensation for your injuries.
How is Fault Established in Premises Liability Cases?
Property owners, tenants, and occupants can be held liable for injuries sustained on their properties. But this does not mean that these parties will always be held liable for the accidents that occur on their properties. To prove fault, the victim must show that their injuries were caused as a result of the negligence of the property owner, tenant, or occupant in control of the property.
A property owner, tenant, or occupant in control of the property was negligent if:
- They created the dangerous condition that caused you harm, or
- They knew that the dangerous condition that caused you harm existed, but failed to fix it or warn visitors of it.
- They should have known about the dangerous condition that caused you harm because a reasonable person in control of the property would have known about it.
To prove this, your attorney will need to conduct an investigation into the accident. During this investigation, your attorney may interview witnesses, review inspection reports, obtain surveillance footage, work with accident reconstruction experts, and analyze evidence from the scene of the accident. If you can find evidence to prove that the owner, tenant, or occupant created, knew about, or should have known about the dangerous condition, you can hold them liable for your injuries.
Can You Recover Compensation In Premises Liability Cases If You Were Partly to Blame?
The property owner, tenant, or occupant in control of the property at the time you were injured may be fully liable for your injuries. But sometimes, it may be determined that you were partially to blame for the accident as well. Don’t let this discourage you from seeking the compensation you deserve. It is still possible to recover compensation for your injuries even if you were partly responsible for the accident.
Louisiana is a pure comparative fault state. This means you can recover compensation for injuries if you were partly to blame, but the amount of compensation you can recover will be reduced to account for your percentage of fault.
For example, let’s say you were injured in a slip and fall accident on someone else’s property. It is determined that the property owner was 75% responsible for the accident and you were 25% responsible. In this case, the amount of compensation you are awarded for your injuries would be reduced by 25%. The remaining 75% of compensation is yours, but you can no longer recover 25% of compensation since you were 25% responsible for the accident.
Let Our Premises Liability Attorneys Secure the Compensation You Deserve
Have you been injured on someone else’s public or private property in Lafayette? If so, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. But recovering this compensation is never easy, which is why you should seek help from our skilled premises liability lawyers.
Premises liability cases are known for their complexities, but that won’t stop the personal injury attorneys at Blase Inzina Injury Attorneys from winning the compensation you deserve. Our team of experienced personal injury attorneys will stop at nothing to seek justice for our clients. For over a decade, we have helped countless victims throughout Louisiana secure compensation for injuries caused by the negligence of property owners. Now, let us help you.
Don’t let an accident on someone else’s property completely destroy your life. With our help, victims can obtain the compensation they need to get back on their feet and move forward. If you’ve been injured on a public or private property in Lafayette, learn about your legal options and rights during a free consultation with our team. To schedule your free consultation, call Blase Inzina Injury Attorneys at (337) 347-7177 or submit your contact information to our team using the form on this website.