08 Feb How a Premises Liability Injury Case Works in New Orleans
Premise liability in New Orleans refers to cases wherein a property owner is legally responsible for the injury sustained by someone. The injury could be an outcome of the unsafe conditions prevalent in the property.
Such a situation may arise in all sorts of structures. An accident may be the result of fire, slip and fall, faulty equipment, inadequate security, animal/criminal attacks, or other reasons.
It is hard for people to guess whether an injury occurred while visiting a shopping mall or whether it qualifies for a premises liability case. A qualified premise liability attorney in New Orleans will explain the law to you along with various aspects associated with it.
What do you need to prove?
The law prevalent in New Orleans requires a plaintiff to prove that –
- the defendant owned, leased, or occupied the property
- the defendant’s negligence resulted in your injury
- the plaintiff was indeed harmed
Delving deeper into each of these criteria will enable you to gain a better understanding:
Defendant owned, leased, or occupied the property
Discuss with your premises liability attorney about how you can prove that the defendant was the owner, occupier, or lessee of the property. It is easier to prove your own ownership status regarding a property, but it becomes trickier when you have to do the same in the case of another person.
Defendant’s negligence resulted in injury
In personal injury cases, it is imperative for you to prove that the defendant’s negligence was solely responsible for your injury. Negligence is a legal doctrine that refers to a failure on the part of a defendant to take reasonable care in order to avoid causing injury or loss to another person. You need to establish that the defendant failed to follow the standard of care as expected of them.
For instance, it is the duty of a shopping mall management to ensure that toilets are well-maintained, escalators run well, adequate power backup is available, and likewise. If power goes off all of a sudden and someone gets stuck in an elevator, the management will be responsible for their predicament according to the concept of negligence.
The law also takes into account the status of the person who has moved to the place. The three main statuses are invitees, licensees, and trespassers.
Invitees are people who have a landowner’s express or implied permission to enter a property. Family members and friends are prime examples in this regard. Licensees are people who enter a property for some kind of financial transaction, or a place generally open to the public at large. A defendant is expected to have informed their licensees of the obvious as well as the concealed dangers. Social guests are licensees. Trespassers are those who unlawfully enter a premise. A defendant owes no duty toward this lot.
Actual fault of the defendant
A negligent act that actually didn’t cause any harm to anyone cannot be the basis of this kind of lawsuit. You cannot go demanding damages when you have not been harmed at all. So, you have to prove in court you were indeed harmed and also mention the extent. This is a major criterion a court considers before announcing its verdict.
As you now know, a premises liability case in New Orleans depends on three major factors. Along with these, the competency of your personal liability attorney will also influence the outcome of your case.