Establishing Liability When Injured at a Business
Every state requires business property owners to ensure their establishment is safe and protects guests from any harm. Unfortunately, that is not always the case. Sometimes owners are careless and may cause harm to a person. Determining liability when injured at a business can be difficult because there can be multiple parties responsible for an accident. Besides the owner, the property management company, a contractor, a tenant leasing the property or employees of the property owner may be partially responsible for a person’s injury. So if you have been injured at a business, the best thing to do is to contact an expert personal injury attorney.
Commonly, business owners purchase premises liability insurance to protect them if a person gets injured on their property. The insurance company is not automatically liable every time a person gets injured. If the policy limits aren’t high enough to cover the cost of a person’s injury, then the owner must pay the difference. An experienced personal injury attorney can assist by determining who all is liable for an accident and explain all the legal components involved in filing a claim.
To have a successful case, you must prove that the owner’s negligence caused your injury. You must show the following:
- The owner knew or should have known a hazardous condition existed
- The owner had time but failed to fix the hazard
- The hazardous condition was the cause of your injury
- Your actions didn’t contribute to your injury, and you didn’t agree to assume the risk
Statute of Limitations
In Louisiana, we have a special statute for falling merchandise and a special statute that covers slip and falls. One of our attorneys can go over the details of your case and these statutes with you on your initial call to our office.