Premises Liability Attorney in New Orleans, Louisiana
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
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
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.
Documenting Premises Liability Injuries
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
- 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.
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.