Premises Liability Attorney
Premises liability claims usually involve someone who sustained an injury from an accident on another person’s property. It could happen at a residence, a business or organization’s physical location, or public property. Each type of premises comes with its own set of legal rules and standards of maintenance. The requirement in premise liability claims is proving the owner knew or should have known of unsafe conditions and neglected to fix it, which caused the injury.
You should note that just because you sustained an injury while on someone else’s property does not guarantee you have a premises liability claim. You must prove that the property owner knew or should have known of the unsafe condition and failed to take steps to prevent your injury.
Common causes of premises liability injuries include:
- Improper maintenance of structures on premises such as sheds or workshops
- Elevator, escalator or other accessibility equipment failing
- Animal bites, including neglecting to restrain a dog properly
- Swimming pool accidents including drowning, slips, and falls
- Exposure to toxic levels of fumes or chemicals
- Falling objects including tree branches or improperly stored items
Depending on the type of premises the accident took place on, different elements will need to be proven to win your case. Below are the recommended steps to take and make sure that you get the best possible outcome. This includes gathering evidence at the location of your accident, such as:
- Photos of the walkway or structure where the injury occurred.
- Photos of the type of shoes and clothing that you were wearing at the time.
- Photos of any visible injuries you sustained, including cuts or bruises.
- Photos proving the weather and light conditions in the area where the injury occurred.
- Documenting any witnesses of the injury, including their name, phone number, and addresses.
- Documenting the information of the property owner or any of their affiliates, including names, phone numbers, and addresses.
In many premises liability cases, you may not be able to call a police officer to file a police report because the accident happened on private property. However, if you are in a building or property owned by a business or organization, ask if they have a procedure for incident reports. You should also ask if there are any video cameras on the property and request that the footage is saved and sent to you. Once you have received medical attention for your injuries, it is essential to seek a consultation with a premises liability attorney such as Cueria Law Firm, LLC. Our experienced attorney will review the facts of your case and advise you on the best strategy going forward. With over two decades negotiating fair and just settlements for those injured in premises liability accidents, you can focus on recovering from your injury while our team fights for you.
Read below to find out some of the different types of premises liability cases we have successfully negotiated results for!
Elevator and Escalator Accidents
Building owners have the responsibility to maintain the accessibility options in their building and to provide notice of malfunctioning equipment to patrons and visitors. In some cases, a building owner’s negligence can lead to spinal injuries, traumatic brain injuries, or friction burns.
Swimming Pool Accidents
Swimming pool accidents often involve children who have access to an unsecured pool. Local laws dictate the preventative measures for public and residential pools, in order to prevent unsupervised children or other individuals from getting injured.
Premises Liability and Wrongful Death Claims
In the most severe of premises accidents, the injuries sustained may lead to the death of a loved one. In this case, the surviving family or dependents may have a claim against the property owner for the wrongful death of their loved one. The right to file a wrongful death claim is usually reserved for the spouse, children, and other dependents of the deceased. In some premises liability accidents resulting in death, the right to file a claim may extend to the siblings or parents of the deceased.
To find out if you can recover costs for medical expenses, funeral expenses, and loss of society or companionship, you should consult with an experienced wrongful death attorney such as Cueria Law Firm, LLC. You can request a free consultation today by calling our premises liability attorney at (504) 525-5211.
New Orleans Slip And Fall Attorney
What Causes a Slip and Fall Injury?
Slip and fall injuries are some of the most common premises liability accidents. When a property owner does not adhere to necessary safety requirements their guests, visitors or passersby may get injured. These injuries could happen anywhere but we commonly see them take place in the following areas:
- Improperly Maintained Walkways
A slip and fall injury can occur inside of a building due to floorboards coming loose, torn or wrinkled carpeting or rugs which do not have a slip guard beneath them. A slip and fall injury may also take place outdoors on sidewalks or other areas with cracked, uneven concrete.
- Poorly Lit Areas
Poor visibility in areas with foot traffic can lead to many traumatic slip and fall injuries. In order to avoid these types of slip and fall accidents, it is important that buildings are equipped with proper lighting in all walkways, hallways and staircases.
- Unattended Spills
As humans, we all make mistakes and that includes spilling liquids. However, it is the duty of a building owner to ensure either they or their employees put up a sign or other warning of a spill which cannot be immediately cleaned up. In the event there was not a warning posted, or an area wasn’t roped off, a slip and fall accident can occur and badly injure someone.
The above are just a few of the ways a slip and fall accident may occur and cause a costly injury.
Proving Negligence in a Slip and Fall Claim
In order to recover the financial claim to cover your medical expenses and other living expenses following a slip and fall accident, you will need to prove another party was liable for your accident.
To do this, you will have to prove that the owner didn’t respect the duty of care they owe to patrons, guests and other visitors on their property. An important aspect of the duty of care to your slip and fall accident claim is the responsibility to make sure their property is free from dangerous, injury causing condition. In the event there is a dangerous condition, they then have the duty to inform any and all visitors with signs. Failure to do so, especially when fully aware of the hazard present, can amount to negligence and assign them liability for any slip and fall injuries which take place.
In order to prove that the injury you endured was because of a property owner’s negligence, you will need the help of an experienced slip and fall lawyer. Our team at Cueria Law Firm, LLC, features an attorney with over twenty years of successfully negotiating slip and fall claims through demands, mediation and even trial. If you were injured in a slip and fall accident and believe another person’s negligence caused the accident, contact us today at (504) 525-5211.
Common Injuries from Slip and Fall Accidents
In our daily lives we expect a level of safety and well-being while out in the world. When you are injured in a slip and fall accident, it may affect more than just your physical health. The damages you may be able to make a claim against a negligent party’s insurance company for extend past physical health as well.
In addition to spinal injuries, traumatic brain injuries and broken bones, victims of slip and fall accidents often face mental pain and anguish, including the fear that another accident will take place. This can cause them to lose the quality of life and relationships they knew before their slip and fall accident. These are all damages to life which are difficult to quantify in a claim against an insurance policy. That’s why you need to hire an experienced attorney following a slip and fall accident.
Slip and Fall Accidents and Your Rights
Accidents can happen, anywhere and anytime. Whether having fun in the French Quarter, catching a streetcar, shopping at Lakeside or grabbing coffee Uptown, there is always the potential for a slip and fall accident.
The problem with slip and fall accidents is that no matter how harmless they may feel, the repercussions can be serious and may result in doctors appointments and recovery time. When you slip and fall it may just be an unfortunate incident, but it can also be a case of premises liability. Premises liability is when you have a slip and fall accident as a result of a landlord or tenant’s inability to provide safe conditions. If you’ve had a fall on someone’s property due to wet floors, improperly marked obstacles, unstable stairs and other dangerous conditions, you may have the opportunity to file a personal injury case.
Premises liability is awarded once a tenant or landlord is found negligible, therefore it’s important to know your rights. Having a personal injury lawyer on your side will make sure you have the right expertise to take your case to court.
New Orleans and Gulf Coast residents should know that the best personal injury attorneys can be found at Curia Law Firm. Our personal injury attorney will help determine who exactly is responsible for your accident and will get you the help you need, whether financial or medical. Contact us today.
Hiring an Attorney to Represent You During a Slip and Fall Claim
Insurance companies will contact you and attempt to get medical information, including your personal history, in an effort to justify offering you a small settlement. When you are offered a settlement amount, you should always consult with a personal injury or slip and fall attorney. They will be able to evaluate your case using their experiences and negotiate a higher settlement amount. Accepting a settlement amount from the insurance company without doing so will mean you waive your right to future damages and claims against liable parties.
Once you hire our slip and fall attorney to represent you in your claim against a property owner and their insurance company, we will handle your case from beginning to end. Our team will gather all documentation which can be used as evidence including police and incident reports, evidence of the damaged property, and witness statements. Our experienced slip and fall attorney will consult with medical providers and forensic experts to construct a clear picture of how your slip and fall accident occurred and how it affected your health. We’ll handle the insurance claim, help you set up doctor’s appointments and advise you on your case every step of the way.