While much is said about winter weather creating dangerous conditions for motorists on the road, not much attention is given to the injuries caused by people slipping and failing on another’s property due to rain, ice or snow. An injury suffered on someone else’s property may have been avoided if the person responsible for maintaining the property had corrected the condition, which is why the owner or possessor could become liable for an injured Louisiana resident’s injuries through a premises liability claim.
There are many dangerous conditions inside and outside any premises, but winter weather brings additional hazards with snow hiding ice from an ordinary passerby. A dangerous condition is one that presents an unreasonable risk to a person on the property and one that a person would not have known about given the circumstances of the case. Each case is evaluated on its own merits. It hinges on whether the property owner or possessor knew or should have been aware of the dangerous condition.
To prove that the owner and/or possessor knew about the dangerous condition, it must be shown that he or she either created the condition, knew about the condition and failed to correct it or that the condition existed for such a long time that it should have been in their knowledge and they should have fixed it. Liability also depends on foreseeability of the resulting danger.
Demonstrating all of this may seem overwhelming to an injured individual, but compensation for injuries may be possible through a successful premises liability claim. If someone is injured on another’s property, it might be beneficial to get more information about legal options.