Baton Rouge Slip & Fall Attorneys - Baton Rouge Trip & Fall Attorneys

What is Louisiana Premises Liability and how can being injured in a Baton Rouge Slip & Fall accident affect you?Children like this injured child are frequently hurt while on the property of another, sometimes due to a dangerous condition on the property or lack of a warning sign. If you or your child has been hurt on someone's property, call a Baton Rouge Premises Liability Lawyer today for an assessment of your case.

In layman's terms, a "slip and fall" or "trip and fall" means getting hurt on someone else's property, usually because of some negligence in maintaining or constructing the property or something on it. Legally, these types of injuries are part of a broad body of law known as Premises Liability. Other frequent types of premises liability cases involve accidents such as boxes falling off of a store shelf because they were overstocked [often seen happen at Wal-Mart stores], or a dangerous condition on land, such as an abandoned playground left open to children or the public without an adequate warning. These types of accidents occur because of the negligence of Baton Rouge landowners and store-owners across Southeastern Louisiana. Baton Rouge is also home to many unique premises dangers that are especially likely to occur here. Such dangers include (1) Naturally Occurring Radioactive Materials [N.O.R.M.]; blighted homes and properties, cracked sidewalks, breaking balconies, and the like. If you have been injured in a Baton Rouge Slip & Fall accident, contact an experienced Louisiana premises liability or Baton Rouge slip and fall injury lawyer on this site for a free initial injury case evaluation.

Why Should You Obtain a Baton Rouge Slip & Fall Attorney?

Baton Rouge personal injury lawyers cover slip and fall cases; these cases are based in the legal issue of negligence. Hiring a knowledgeable Baton Rouge slip and fall personal injury attorney to get fair compensation in a Baton Rouge premises liability case is important because this area of law is constantly changing. A well-qualified and experienced East Baton Rouge Parish or Baton Rouge premises liability lawyer will be able to assist you in this difficult area of law and will know how best to navigate the legal system to your advantage.

Construction Accident Attorneys Serving Baton Rouge

Construction sites are dangerous, and abound throughout Baton Rouge. If you are injured on someone else's property, perhaps on a construction site such as this one, call a Baton Rouge Property Liability Lawyer today.Louisiana premises liability personal injury lawyers also handle construction accidents. When an injury occurs at a construction site, there is usually some type of Louisiana Workers Compensation coverage available. However, if you or a loved one were injured on the job, there may still be a potential "third party" claim against someone other than your employer. This area of the law has been the subject of much tort reform in the last decade and it is highly advisable to seek competent legal information from the construction accident or construction injury attorneys on this page to know all of your available legal rights.

How Long Do You Have To Contact a Baton Rouge Slip & Fall Attorney?

In Louisiana, a "Period of Prescription" sets a deadline for filing personal injury actions, such as premises liability claims, and you should contact a Baton Rouge premises liability lawyer well before the deadline. Under the Period of Prescription, often called a statute of limitations in other states, you must pursue your cause of action before the time limit has expired or else you will most likely be legally barred from seeking recovery for your injuries. In premises liability cases, regardless of whether the victim is an "invitee," "licensee," or "trespasser" on the property (see discussion below), Louisiana's prescriptive period provides that all premises liability claims must be brought within one (1) year. Similarly, under the Attractive Nuisance Doctrine, premises liability claims brought by children must be made within one year. This is because Louisiana Civil Code Section 3492 provides a one year prescriptive period for tort claims:

"Art. 3492. Delictual actions

Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage."

Contact a Baton Rouge premises liability attorney immediately to make sure your personal injury claim is filed before time runs out!

Baton Rouge Premises Liability Law - The Basics

When someone slips and falls on the land of another and suffers a personal injury, they may be entitled to monetary compensation if a dangerous or preventable condition is to blame. Baton Rouge, LA landowners, store owners, local governments, the Federal Government, and other individuals responsible for maintaining a premises may have a duty to make that place safe, particularly if they invite customers in for business or if there is an "attractive nuisance" on the property that may lure children onto the land. If you or a loved one has been injured due to a slip and fall accident or another accident caused by a dangerous condition on land, a Louisiana premises liability attorney can help you get the compensation you deserve.

The owner or custodian of a thing is answerable for damage occasioned by its ruin, vice, or defect, only upon a showing that he knew or, in the exercise of reasonable care, should have known of the ruin, vice, or defect which caused the damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care.  Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case. 
- Louisiana Civil Code Art. 2317.1

As noted, premises liability actions are based in negligence, or legal fault. The injury must be "caused" by a "condition" upon the land (or building or item located upon the land) at issue. Not every injury on someone else's land is legally the land owner's fault. To be liable for negligence under Louisiana law, the party charged must have failed to meet the duty of care they owe to someone else under the law.  Under Louisiana Civil Code Art. 2317.1, a Louisiana land-owner is responsible for injuries caused by his land when there was an unreasonable risk of harm due to a defect. The "defect must be of such a nature as to constitute a dangerous condition which would reasonably be expected to cause injury to a prudent person using ordinary care under the circumstances." The owner must have known of the defect. If the defect is one that the owner should have discovered by doing a minimal inspection of their land, then the owner can also be liable. See the next section for an explanation of the duties owed to different types of visitors under Louisiana law.

The level of care and warning that a Louisiana property owner owes people who enter his property changes due to why they are entering.

When someone goes to Ralphs or the Winn Dixie to buy groceries, they have legally been 'invited' on the property for business purposes. The customer is considered a "business invitee," and the grocery store owes them a specific duty of care. The law differentiates between an unwanted person, like a trespasser, entering upon land and an invited guest or business invitee. Not surprisingly, Louisiana landowners owe a lower level of care to trespassers than to people invited for business. There is an intermediate level of care owed to visitors known as licensees, who are usually guests entering the land for reasons other than business. Social guests such as friends are frequent slip and fall injury victims in Baton Rouge premises liability cases involving licensees. Another complexity in the law relates to minors. Sometimes, children are owed a higher level of care than adults. Clearly, it can be difficult to determine which group an injured person fits into and how they should be treated under the law. This is one of the many reasons why you need a Baton Rouge personal injury attorney to help you navigate Louisiana's premises liability laws. A summary of the levels of care in Louisiana follows:

  1. Invitee: An invitee is a person whom the property owner expressly or impliedly invites onto the property. The landowner owes this category of persons the highest duty of care, including taking all reasonable precautions to ensure his or her safety;
  2.  Licensee: A licensee is a person who enters the property for their own reasons, but with the owner's consent. The owner has to warn a licensee about hidden dangers, but does not necessarily need to fix the dangers;
  3. Trespasser: A trespasser is a person who has no right to enter property. An owner generally has no duty to maintain his property or post warnings to protect adult trespassers. However, if the owner knows that people are likely to enter the land, an injured trespasser may be able to recover.

A Baton Rouge trip and fall lawyer will next need to prove that the person being sued had control of the premises. For instance, even though the River Center is owned by a certain company, anyone who was injured renovating it might be able to sue a contractor who was in control of the building at the time of their injury. Alternatively, an abandoned house might be in control of Baton Rouge Housing Authority, not the original owner. To show control in Louisiana, it must be proved that:Dave

  1. The thing which caused damage was in the defendant's custody and control
  2. The thing had a vice or defect which created an unreasonable risk of harm
  3. The injuries were caused by a defect
  4. Defendant knew or should have known of unreasonable risk of harm, and
  5. Damage could have been prevented by exercise of reasonable care, which defendant failed to exercise.

These are very hard things to prove legally and the person who owned the property will probably argue against you on each and every point. You may even need experts to help prove some of the points. This is just one of the many reasons why you should contact an experienced Baton Rouge slip and fall attorney to help you get the recovery you deserve.

If you are injured on property, even if it is the result of a criminal act, the landowner may be liable. Contact a Baton Rouge Personal Injury Lawyer or Baton Rouge premises liability attorney to pursue your legal remedies.Finally, a Louisiana slip and fall case can be complicated by factors such as whether the situation leading to the injury is considered an activity or a condition, and whether it is a defect of the land (a hole) or a defect on the land (a pile of wet cigarette butts on a ramp).

Criminal Acts of Rape, Assault and Murder - Is the Land Owner or Occupier Liable?

While most premises liability cases are based in negligence, there are sometimes cases where a property owner is found financially responsible for a crime occurring on the property. The crimes that a property owner can be held responsible for can be anything from a mugging in a parking lot to a rape in a stairwell. In these cases, the legal issue turns upon whether the action that gave rise to the victim's injury was foreseeable and whether reasonable steps or warnings could have been taken to prevent injuries from such activities on their property. In order to recover, an injured person has to prove that the property owner could and should have taken steps to prevent the injury. 

"A business proprietor owes to his patrons the duty to provide a reasonably safe place. Harris v. Pizza Hut of La., Inc., 455 So.2d 1364, 1369 (La.1984). Although he is not the insurer of his patrons or guests, the proprietor owes them a duty to exercise reasonable care to protect them in both their person and their property. De Hart v. Travelers Ins. Co., 10 So.2d 597, 598 (La.App.Orl.Cir.1942); Borne v. Bourg, 327 So.2d 607, 610 (La.App. 4th Cir.1976); Anderson v. Clements, 284 So. 2d 341, 344 (La.App. 4th Cir.1973). This general duty to protect extends to harm from insult, annoyance, and danger. Anderson at 344." - Toups v. Hawkins, 518 So. 2d 1077(La. App. 5 Cir. 1987).

These issues can be very difficult for you to prove and can require experts and witnesses as well. Research needs to be done about what the property owner knew, as well as what they should have known from sources like police reports and crime statistics. Every case is different. Just because there is one type of crime in an area doesn't mean that the owner is responsible for preventing another type of crime, even if it may seem obvious to you. For example, just because car break-ins are common in the area, does not necessarily mean that a property owner should take steps from preventing other types of crimes, such as muggings and rapes in the same parking lot. Despite these difficulties, a qualified Baton Rouge premises liability lawyer will help you prove all the elements of your case.

 

Helpful Resources for Baton Rouge Residents

 

Baton Rouge Courts

United States District Court for the Middle District of Louisiana
777 Florida Street, Suite 301
Baton Rouge, LA 70801
(225) 389-3634

East Baton Rouge; 19th Judicial District Court Courthouse  
300 North Boulevard
Baton Rouge, 70802
(225) 295-4725

East Baton Rouge; 19th Judicial District Court
East Baton Rouge Courthouse
222 St. Louis St, PO Box 1991
Baton Rouge LA 70801
(225) 389-3950

Baton Rouge Emergency Services Contact Information

Baton Rouge Police Department
704 Mayflower Street
Baton Rouge, LA 70802
(225) 389-2000

Baton Rouge Fire Department
8011 Merle Gustafson Drive
Baton Rouge, LA 70807
(225) 354-1400

Louisiana State Police (Highway Patrol)
17801 Highland Road
Baton Rouge, LA 70810
(225) 754-8500

Louisiana Department of Transportation and Development
1201 Capitol Access Road
Baton Rouge, LA 70802
(225) 379-1232

Baton Rouge EMS
704 Mayflower Street
Baton Rouge, LA 70821
(225) 389-5155
 

 

 

 

Hospitals in the greater Baton Rouge area:

Baton Rouge General Medical Center
3600 Florida Boulevard
Baton Rouge, LA 70806
(225) 387-7000

Earl K. Long Medical Center
5825 Airline Highway
Baton Rouge, LA 70805
(225) 358-1002

Our Lady of the Lake Regional Medical Center
5000 Hennessy Blvd
Baton Rouge, LA 70808
(225) 765-8866
 

Promise Hospital Baton Rouge
5130 Mancuso Lane
Baton Rouge, LA 70809
(225) 621-1200
 

Woman's Hospital
9050 Airline Highway
Baton Rouge, LA 70815
(225) 924-8133

Lane Regional Medical Center
6300 Main Street
Zachary, LA 70791
(225) 658-4303
 


For more information on Louisiana personal injury law, see
Louisiana Civil Code, Sections 2315 - 2324.2.


Find a Baton Rouge Slip and Fall Lawyer, a Baton Rouge Personal Injury Lawyer, or a Baton Rouge Premises Liability Lawyer now!

Serving clients throughout Southeastern Louisiana, including Addis, Alsen, Baker, Baton Rouge, Baywood, Bocage, Brownfield, Brusly, Catherine, Cedarcrest, Chipola, Clinton, Darlington, Denham Springs, Eden Park, Felixville, Fred, Garden District, Goodwood, Grangerville, Greenville, Hermitage, Inniswold, Istrouma, Jefferson Place, Krotz Spring, Lake Sherwood Acres, Lettsworth, Lindsay, Lovell-Wooddale, McManus, Melrose Place, Merrydale, Midtown, Montpelier, New Road, North Highlands, Oak Hills Place, Old Jefferson, Old South Baton Rouge, Park Forest, Pine Grove, Port Allen, Port of Baton Rouge-Inland Rivers, Port Hudson, Pride, Saint Francisville, Saint Garbriel, Sherwood, Southdowns, Southmoor, Victoria Garden, Villa del Ray, Wakefield, Westminter, Wilson, Woodland, Zachary, Zion City, and other communities in East Baton Rouge Parish.

All of the qualified Baton Rouge premises liability attorneys listed at the top of this page have experience dealing with "slip and fall" accidents as well as other types of premises liability lawsuits. These lawyers will zealously pursue your claim. To find a Baton Rouge Premises Liability lawyer, simply look at the box in the top-left corner of this page. The lawyers listed there are licensed, experienced slip - and - fall attorneys.