It is hard to imagine any kid growing up without at least one trip to the emergency room. Whether you took a bad fall on a skateboard or you had a sibling who tumbled off a trampoline, broken arms and legs are common injuries for kids. Across the country, there are 139.8 million trips to the emergency room, 40 million of which are injury-related visits. That is according to data from the Centers for Disease Control and Prevention.
As you get older, those injuries can significantly impact your life if it involves missing work or a longer recovery time. It is one thing if the injury is solely your fault, but if someone else’s negligence caused it, it adds another layer of complexity. That is when you need to get the team from Bianca | Matkins involved.
We bring years of experience as a Baton Rouge premises liability lawyer that helps us successfully negotiate with insurance companies and prevail in civil lawsuits. Our mission is to help our clients get the fair compensation they deserve and to help them move on and heal. A premise liability case can be complex, but we understand the laws and who to hold responsible.
Understanding Premises Liability
Every property has an owner, and that owner has a duty of care to provide a safe environment for the people they invite onto their property. That duty should translate into action, such as warning visitors of unreasonable harm and taking proactive action, such as repairs and inspections, to prevent injury.
The following are the types of potentially negligent parties that could be named in a premises liability action:
- Landowners
- Property owners
- Homeowners
- Property managers
- Government entities
- Staff
- Tenant
- Maintenance crews
It is also essential to note exactly what the law considers as a premise. In addition to private premises such as a home, apartment, or condo, the following are also considered premises:
- A lawn or sidewalk that is part of a building’s property
- Swimming pools
- Porches
- Decks
- Boats
- Restaurants
- Retail stores
- Movie theaters
- Amusement parks
- Bars
- Nightclubs
- Public libraries
- Museums
- Hospitals
- Office buildings
- Sports stadium
- Wedding venues
- Movie theaters
Your Baton Rouge premises lawyer can identify the owner even if trusts and shell companies are involved.
Establishing Your Case
Your injuries are real, and they were caused by apparent negligence on someone else’s property. Did you have a right to be on the property, and if so, in what capacity? Those are the first issues that the team at Bianca | Matkins will help establish. There are a few basic categories of who is allowed (or not allowed) onto a property. This matters because the type of visitor you were determines the duty of care required by the property owner.
Which of these categories would apply to you?
Invitees
An invitee is someone who visits a property to engage in some sort of business transaction. They have the owner’s permission to be on the property. That permission can be expressed or implied. For instance, you are an invitee when you go to a grocery store to shop for food. The fact that the store is open for business is the “invitation.”
Licensees
A licensee enters a property as a guest of the owner but without providing a monetary benefit to them. Licensees would be guests who go to someone’s home for a party, delivery people, or mail carriers. You can also go into a business as a licensee. For example, if you ask to use the restroom in a gas station, you are a licensee, but if you buy a pack of gum on the way out, you become an invitee.
Trespassers
A trespasser does not have the property owner’s permission to be on the property. That could be someone who is attempting to steal something. It could also apply to someone who is going door-to-door selling items.
Attractive Nuisance
The attractive nuisance aspect of premise liability laws is the exception to the trespasser provisions but applies directly to young children. If a young child comes onto your property because they are “attracted” to something like a swimming pool, abandoned pickup, or playground set and gets hurt, the property owner can be held responsible. To avoid that, the owner simply needs to secure their property with a fence and locked gate.
Examples of Premises Liability Cases
Aside from the trespasser, the property owner owes their duty of care to create a safe environment for licensees and invitees. The following are some examples where that duty of care can fail.
Slip and Fall Accidents
A slip and fall accident is one of the most common types of premises injuries. According to the premises liability laws established by the Louisiana State Legislature, a “merchant owes a duty to persons who use his premises to exercise reasonable care to keep his aisles, passageways, and floors in a reasonably safe condition. This duty includes a reasonable effort to keep the premises free of any hazardous conditions which reasonably might give rise to damage.”
Dog Attack
A dog owner must be in control of their dog at all times, especially when walking it. If the dog is off-leash, regardless of how friendly it might be, the owner does not have control over that pet. If the dog has a history of bites or aggressive behavior, the owner could be held liable if the dog bites. That liability can extend to an aggressive dog biting someone through a fence.
Struck by Debris
Pedestrians need to be aware of where they are walking to avoid hazards such as buckling sidewalks, potholes, and other dangers. However, when it comes to falling debris, a pedestrian can’t always be aware of what might be falling from above. Whether walking by a construction site or in a grocery store, you want to speak to a Baton Rouge premise liability lawyer if you’re injured.
An Exception to Premises Liability: Open and Obvious Hazards
There is an exception to a premises liability case, and that applies to situations where the hazard is open and obvious. In those situations, the property owner might not be liable. If the average person comes upon a potential hazard they could reasonably avoid, they can’t hold the property owner liable if they are injured.
For example, if you shop in a store with an aisle blocked off by warning signs and caution tape, you shouldn’t cross those lines. If you do and get hurt, it can be argued that you were partially at fault. Of course, mitigating factors, such as poor eyesight or other mobility issues, might prevent the person from seeing what would be evident to everyone else.
How a Baton Rouge Premises Liability Lawyer Determines a Property Owner’s Responsibility
After you present your version of the premises liability accident, your Baton Rouge premises liability lawyer needs to determine a property owner’s liability. Several factors go into establishing responsibility. They include the following:
Property Owner’s Knowledge
What did the property owner know about a potential hazard, and when did they know it? If an owner was made aware of the hazardous condition but didn’t address it or warn visitors, they could be held liable for any injury that occurs. For example, if a bottle of olive oil breaks in a grocery store aisle and the store manager is alerted but doesn’t dispatch someone to post warning signs or clean the mess, it could be an issue if someone slips and hurts themselves.
Foreseeability of Harm
Did the property owner anticipate the potential harm? On a construction site with falling debris, the owner or their representative should put up nets to catch the debris or reroute pedestrian traffic to avoid the debris. Failing to take those foreseeable precautions can be a liability issue. It would be the same if a store owner didn’t put out rubber mats when it rained.
Condition of the Property
What type of condition was the property in before the accident? Would it have been considered safe or in disrepair? One of the primary responsibilities of a property owner is to consistently inspect their premises and address any hazards that could pose a risk to visitors.
Actions of the Injured Party
Did the injured party contribute to the accident through their own negligence? For instance, did the type of footwear they wore contribute to slipping?
Your premises liability lawyer in Baton Rouge can help decipher these factors to establish the property owner’s liability.
Call on Bianca | Matkins for Answers About Your Accident Questions
The first questions you’ll ask after an accident should be addressed to your doctor. You’ll want to know the extent of your injuries and what needs to be done for your recovery. After that, the next step should be setting up an appointment with the attorneys working at Bianca | Matkins. We can provide the answers you’ll need to decide how to proceed with your accident claim.
We will be able to answer many of those questions at your first free case evaluation. Call to schedule that consultation with our Baton Rouge premises liability lawyer today.