Injuries Caused By Dangerous Property Conditions
To hold a business or property owner liable in a slip-and-fall (also known as premises liability) claim, you must prove one of two things; the property owner caused or created a dangerous condition or that the property owner was aware of the dangerous condition, had a reasonable amount of time to fix it but failed to do so. You must also prove that you had a legal right to be on the property at the time of the accident.
When Is A Property Owner Liable For My Slip-And-Fall?
Many people mistakenly believe that getting injured on someone else’s property is enough to merit a premises liability lawsuit. The key to any premises liability claim is proving negligence on the part of the property owner. Proving negligence is often complicated due to the various laws that apply in different situations. The legal standards for liability are different for private property, public spaces and property owned by businesses.
The reason you are on the property where the injury occurs is also taken into consideration. On private property, you must be invited or have a legitimate reason for being there in order to file a claim. This is particularly important when filing a dog bite claim. If you are injured while trespassing on any type of property, only in rare situations would you have grounds for a lawsuit.
The Importance Of Acting Quickly
Proving liability is the most challenging part of filing a claim, especially when a significant time has passed since the accident occurred. Property owners often make repairs immediately following an accident and direct proof of the dangerous condition disappears. Waiting to file also makes it more difficult to find witnesses and reduces the chances of recovering any surveillance video that might exist. Most importantly, Louisiana has a one-year statute of limitations on filing a claim. This means you have only one calendar year from the day of the accident to file a claim.
For Help Determining If You Have A Claim, Contact Collins Law
If you believe you may have grounds to file an injury claim, contact Collins Law to set up a free initial consultation by calling 318-703-3329 or filling out our online contact form. Time is of the essence, so call now.