While most people may not realize it, they are on another's property often many times throughout the day. Whether in a retail store, a friend's house or at a public event, there is always the risk of being injured on another person's property. When this unfortunate situation arises, the injured party is typically not only hurt but also confused and frustrated. A New Orleans premises liability attorney can be a huge help during the bewildering time following an accident.
For many Louisiana residents, buying a home is one of the most exciting chapters in life. Most homeowners want to ensure their future residence is safe and secure before closing, just like most contractors want the building experience to proceed in the same manner. For professional residential builders, premises liability is typically a major concern in and around their varied work sites.
Getting a new pet is usually an exciting and happy time, but some new pet owners in New Orleans may be unaware of the many laws and ordinances surrounding ownership of pets. Owners of dogs in particular can benefit from being mindful of these rules, as liability for dog bites can be very costly.
Now that the holiday season is in full swing, countless residents of New Orleans are likely to be briskly entering and leaving retail stores. For many, this is an annual experience that they don't think much about, other than pondering where to get the best deals or where to find that perfect gift. For the owners and managers of these stores, though, customer safety is usually a priority. It is their responsibility for keeping property safe amidst the holiday hustle and bustle.
As the saying goes, every one's home is his or her castle, but this doesn't mean that the reach of the law ends at one's property line. Under Louisiana law, landowners have certain duties to maintain their property so as to prevent accidents and injuries. If you are visiting someone else's property when you are injured due to a dangerous condition, you may be able to hold the property owner liable for your damages.
Property owners, or those responsible for maintaining or ensuring the safety on a piece of property, have a responsibility to others to prevent or correct dangerous property conditions. The level of care that is owed to others entering the property is based on their classification as a licensee, invitee or trespasser.
Premises liability claims can stem from injuries caused by various forms of negligent or careless conduct by a property owner. The most common of these claims are slip and fall injuries, however, those resulting from improper lighting, inadequate security and dog bites may also arise. For dog bite, or animal attack, claims of premises liability, the victim and the dog owner should understand the laws in place in their state regarding such liability.
A slip-and-fall accident is the most common cause of a legal action for personal injury. These types of incidents can occur at any time throughout the year and can result from adverse weather conditions or improper property maintenance. When such an incident occurs on the premises of a property owner and they failed to meet their standard of care in maintaining or correcting the condition that caused the slip, they may be liable for any resulting injuries under premises liability.
With property ownership comes a lot of responsibility. Sure, there is maintenance and upkeep to ensure the home is comfortable for the owner, but it is also critical that the premises in maintained in a way to ensure safety for those who may enter the property. As this blog as discussed in the past, those who invite individuals onto their property, including businesses, have a duty to routinely inspect, identify, and remedy any hazards on their property. But what about characteristics of a property that may be inherently dangerous to a child, but are not "hazardous" in the traditional sense?
The concept of premises liability holds property owners financially liable for injuries that occur on their property due to a dangerous condition that they were aware of or should have known about. Most Louisiana residents may think of slip-and-fall injuries, or those caused by falling objects when they think of premises liability claims. However, such a claim may exist for dog bites as well under certain circumstances. Many people may be curious to know then, what are the requirements of a dog bite premises liability claim, and are any defenses available to property owners for such a claim?