Premises liability is an area of personal injury law that governs the duties of residential and commercial property owners to take reasonable care to keep their premises safe from dangerous conditions so that people on the premises will not negligently or unreasonably injured. The Louisiana Record reports on three cases that have recently been filed in state court alleging premises liability claims:
- A drug-store customer alleges the store negligently left liquid on its floor on which the plaintiff slipped and fell. This suit accuses the store of creation of a dangerous condition, negligent failure to warn of the dangerous condition and failure to adequately train its workers.
- A hotel guest alleges the establishment left a wet spot from melted ice on which he slipped and fell, hurting his ribs. He brought similar claims related to negligence such as failure to keep the property safe, failure to warn of the hazard, and failure to adequately supervise and train employees.
- A husband and wife filed suit against a department store and an elevator maintenance company for negligence that allegedly caused a defective elevator to drop twice, causing the wife to become severely emotionally distressed.
In addition to situations like these examples, a premises liability claim can arise from a failure to provide adequate security, failure to keep property in reasonably good repair, failure to correct a dangerous or defective condition, failure to keep an outdoor area free from weather-related harm, failure to keep property condition in compliance with safety codes, negligent hiring and others.
Plaintiffs in premises liability suits in Louisiana may be able to recover reasonable damages for injury and loss as well as legal fees and court costs.
Louisiana statutes and case law controlling premises liability claims are complicated and each case is factually specific. Anyone injured on the premises of another should speak with a lawyer as soon as possible to understand potential legal remedies and allow the attorney to launch an investigation for relevant evidence. Likewise, any property or business owner who faces charges of having negligently or unreasonably allowed a dangerous condition to exist on his or her property should also seek legal counsel to assess the situation and provide advice on how to proceed.