Partner at AKD Lawyers
Practice Areas: Personal Injury
Getting hurt on someone else’s property isn’t just bad luck—it may be a sign of legal negligence. In Louisiana, property owners have a legal duty to keep their premises reasonably safe for visitors, tenants, and customers. When they fail to fix hazardous conditions or warn people about potential dangers, they can be held responsible for resulting injuries under premises liability law.
This area of law covers a wide range of situations: slipping on a wet grocery store floor, falling due to a broken handrail at an apartment complex, getting injured in a dimly lit parking lot, or even becoming the victim of a crime because of inadequate security in a public venue. In all of these cases, if a property owner knew—or should have known—about the danger and failed to act, you may have grounds for a legal claim.
Understanding your rights and how Louisiana law treats these incidents is the first step in protecting yourself and pursuing the compensation you deserve.
What Is Premises Liability in Louisiana?
Premises liability refers to the legal responsibility of a property owner or manager for accidents that happen on their property. In Louisiana, this includes businesses, public facilities, and even private homes. Property owners must keep their premises reasonably safe for visitors. If someone is injured due to a known or preventable hazard, the owner could be held legally accountable.
Legal Duties and Standards: Duty of Care in Louisiana
Every property owner in Louisiana has a duty of care. This means they must take reasonable steps to ensure the safety of anyone legally entering their property. Visitors are generally
classified as:
- Invitees: People entering for business purposes (like customers).
- Licensees: Social guests or others with permission to enter.
- Trespassers: Those without permission who still receive some limited protection under the law.
Under Louisiana Civil Code Article 2317.1, a property owner may be liable for damages caused by a thing in their custody if they knew or should have known of the condition and failed to correct it.
This legal duty includes fixing known hazards, performing routine maintenance, and posting warnings when dangers cannot be corrected immediately.
Common Types of Premises Liability Cases
Not every accident qualifies for a premises liability claim. However, many do—mainly when preventable hazards cause injuries. Some of the most common cases include:
Slip and Fall Accidents
These are among the most frequent premises claims. They often result from wet floors, spilled liquids, icy sidewalks, or recently mopped areas without warning signs.
Trip and Fall Incidents
Tripping hazards like uneven flooring, damaged carpets, or cluttered walkways can lead to serious injuries.
Falling Objects and Structural Issues
Injuries caused by falling shelves, ceiling tiles, or merchandise are also covered under premises liability when caused by poor maintenance.
Negligent Security
If a lack of lighting, broken locks, or absent security staff results in an assault or robbery, the property owner may be responsible.
Dog Bites and Animal Attacks
Property owners who fail to restrain aggressive pets or warn visitors about dangerous animals may be liable for resulting injuries.
Proving a Premises Liability Claim in Louisiana
To have a successful claim, the injured person must demonstrate that their injuries were a direct result of the property owner’s negligence.
Key Elements of a Claim
- Duty of Care: The owner had a legal obligation to maintain safe conditions.
- Breach of Duty: The owner failed to uphold that responsibility.
- Causation: The breach directly led to the injury.
- Damages: The injury caused actual harm—physical, financial, or both.
Supporting evidence like medical records, photos, incident reports, and witness accounts can strengthen your claim.
Premises liability cases often hinge on proving that the property owner knew or should have known about the hazardous condition and failed to take corrective action.
According to the National Floor Safety Institute, falls account for over 8 million emergency room visits annually in the U.S., making them the leading cause of such visits.
Comparative Fault in Louisiana
In Louisiana, you typically have just one year from the date of your injury to file a premises liability claim (La. Civ. Code art. 3492). If you miss this deadline, you could lose your right to seek compensation entirely.
Even if you were partially at fault, Louisiana’s comparative fault rule (Art. 2323) allows you to recover damages, but your compensation will be reduced based on your share of responsibility.
Who’s Responsible? Property Owners’ Obligations and Common Defenses
In Louisiana, property owners have a legal duty to keep their premises safe. This includes regularly inspecting the property, fixing known hazards like broken stairs or railings, posting warning signs around dangerous areas, and limiting access to unsafe zones. If they fail to take these precautions and someone gets hurt, they can be held liable.
However, property owners often defend themselves by claiming the hazard was “open and obvious,” that they had no knowledge of the danger and couldn’t have discovered it through reasonable care, or that the injured person’s own actions caused the accident.
Filing a Claim and Seeking Compensation
Louisiana law gives injury victims one year from the date of the accident to file a personal injury lawsuit. Compensation can include:
- Economic damages: Medical bills, lost wages, future care costs
- Non-economic damages: Pain and suffering, emotional distress
A lawyer can help assess your total damages and advise on the best course of action.
Why Legal Representation Can Make a Difference
Premises liability claims require a detailed understanding of Louisiana law, evidence rules, and case strategy. An experienced premises liability attorney in Louisiana can guide you through the legal process, help gather and preserve evidence, negotiate with insurers, and protect your rights.
Frequently Asked Questions
What is the difference between premises liability and general negligence?
Premises liability is a specific type of negligence claim involving unsafe property conditions. It holds property owners accountable for injuries caused by hazards they failed to address.
How do I prove the property owner was negligent?
You’ll need to show that the owner knew or should have known about the danger and failed to fix it. Evidence such as photos, incident reports, and maintenance records is essential.
Can I sue if I was partially at fault for the accident?
Yes. Louisiana’s comparative fault law allows you to obtain damages; however, the amount of your compensation will be lowered in accordance with your proportion of fault.
Who is responsible if I’m injured on government property in Louisiana?
Government agencies can be held liable under specific rules, but they may have stricter procedures and shorter notice periods for filing claims.
What should I do immediately after being injured on someone else’s property?
Seek medical care, take photos of the scene, report the incident to the property owner, and gather witness information if possible. Keep all medical and expense records.
Conclusion
Premises liability in Louisiana involves more than just proving you were hurt. It requires showing that the property owner failed to take reasonable steps to keep their space safe. Whether it’s a slip and fall or an injury from poor lighting or security, the legal process is complex—but you don’t have to face it alone.
Contact Alvendia, Kelly & Demarest Law Firm today to schedule your free consultation and learn how they can help you move forward.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
