Property owners have a responsibility to keep their premises safe. But when a property owner’s negligence is responsible for a person’s harm, filing a premises liability lawsuit with a trained injury attorney can help the person recover compensation for their injuries.
Different properties are subject to their own rules, but a Ruston premises liability lawyer can determine the law that applies to your claim and defend you from any argument the negligent party might throw.
Premises Liability Cases in Public Places
When a government body owns a public area, the rules for filing a claim against them vary because state law requires specific elements to be proven for a claim to be effective.
Places these rules vary include parks, municipal buildings, public sidewalks, and much more. When your injury happened at or on any of these areas, Louisiana Revised Statutes § 9:2800 obligates you to prove the following for a successful claim:
- The defendant maintained or had custody of the defective area or thing
- The defect caused an unreasonable risk of harm to you
- The defendant had actual knowledge of the defect or should’ve known the defect existed with reasonable diligence
- The defect was not fixed within a reasonable time
- The defect was the cause of your injuries
Proving these elements in a premises liability claim requires a Ruston attorney familiar with the process.
Claims Against Businesses and Private Owners
For non-public entities, most types of properties are owned by private businesses or individuals. When this is the case, the test set forth above does not apply. Instead, case law standards may apply to certain parties, such as those trespassing on property or social guests in a private home.
Common premises liability cases deal with those who enter the buildings of merchants. Under state law, a merchant is a business that sells wares, goods, foods, or other items in a set place of business. When this is the case, LA Rev Stat § 9:2800.6 provides the standard of proof necessary to prove the claim.
This requires that you prove the following:
- A dangerous condition existed on the merchant’s premises that constituted a foreseeable risk of harm
- The merchant was aware of the risk or should’ve been aware of the risk under the circumstances
- The merchant did not exercise reasonable care as a result of their conduct or omissions
- You were injured as a result of the merchant’s conduct or omissions
Proving these elements may seem overwhelming, especially if you’re busy tending to your injuries, but you don’t have to face these difficult legal standards alone. An experienced lawyer in Ruston can assist you in your pursuit of compensation by filing your premises liability claim and representing your legal interests while you focus on healing.
Schedule a Consultation with a Ruston Premises Liability Attorney
When dealing with painful and likely expensive injuries after an accident, you shouldn’t have to be on the hook for the expenses. A civil action for monetary damages might not undo what was done to you, but it can help compensate you for the costs that come with the harm.
With assistance from an experienced Ruston premises liability lawyer, you can pursue the compensation you deserve. Contact a dedicated advocate today to learn more.