Premises Liability

Accidents on someone else’s property can happen when you least expect them, leaving you injured and confused about your rights. Victims often wonder if they have a valid case and what steps to take next. At Roy Injury Law, we have been helping injury victims in Louisiana since 1990, providing the clarity and support they need. If you have been hurt due to unsafe property conditions, let us help you.

What Accidents Fall Under Premises Liability?

Premises liability law holds property owners accountable for injuries caused by hazards on their property. These incidents can happen anywhere, from a grocery store to a private home. If a property wasn’t kept reasonably safe and you were injured as a result, you may have a claim.

Common examples include:

• Slips and falls from wet floors, icy sidewalks, or spills.
• Trip hazards like uneven flooring, cluttered walkways, or torn carpets.
• Inadequate security that leads to assaults or other criminal acts.
• Falling objects from store shelves or construction sites.
• Unsafe stairs or railings that are broken or poorly maintained.
• Dog bites and other animal attacks.
• Swimming pool accidents can tragically result in drowning.

Who Can Be Held Responsible for My Injuries?

Determining who is at fault is a key part of any premises liability case. Depending on the situation, several parties could be held responsible, including property owners, landlords, business operators, or even tenants. For example, a store owner might be liable for failing to clean up a spill, while a landlord could be responsible for not repairing a broken staircase in an apartment building. Liability ultimately rests with the person or entity that had control over the property and was responsible for maintaining its safety.

What Does Louisiana Law Require of Property Owners?

In Louisiana, property owners have a legal obligation to keep their property reasonably safe. This means they must address dangers they are aware of or should have been aware of through regular care. They are also required to warn guests about any hidden hazards that are not immediately obvious.

Louisiana law applies a specific standard known as the “knew or should have known” rule. To win a case, you must prove the owner was aware of the poor conditions or that the hazard existed for long enough that they should have discovered it. Proving this can be difficult, which is why having an attorney who understands Louisiana law is so important for your claim.

Do Different Rules Apply for Guests vs. Trespassers?

Yes, the duty of care a property owner owes you depends on your status on the property. Louisiana law recognizes different types of visitors:

• Invitees: These are customers or clients who are present in a place of business. They are owed the highest duty of care.
• Licensees: These are social guests, like friends or family. The owner must fix or warn them of known dangers.
• Trespassers: Property owners generally have a very limited duty toward trespassers. However, there are unique circumstances, especially when children are involved and are attracted to a hazard, such as an unfenced swimming pool (an “attractive nuisance”).

How Roy Injury Law Can Help With Your Claim

When you work with Roy Injury Law, you are not just another case number. Chris J. Roy, Jr., a third-generation Louisiana attorney, has been fighting for families since 1990. We take a client-centered approach, managing every detail of your claim so you can focus on healing.

Our team will:

• Carefully investigate the accident to identify all responsible parties.
• Gather critical evidence, including photos, witness statements, and maintenance logs.
• Consult with professionals to demonstrate that the property was unsafe.
• Handle all negotiations with insurance companies, which often try to deny or minimize claims.
• Take your case to court if a fair settlement cannot be reached.

Take Back Control After an Accident

You don’t have to face this difficult process alone. If you were injured on someone else’s property, Roy Injury Law is ready to stand by your side. We offer a complimentary consultation to discuss your case and work on a contingency basis, meaning you pay no fee unless we secure a favorable outcome. Contact us today to learn how we can help you take back control.