Summer is here, and that means more people in Louisiana will be spending time in their backyard pools. Whether it is simply having the neighborhood children over for a swim or whether a homeowner is hosting a pool party for people of all ages, it is important to remember that swimming pools present hazards. A person could fall on a slippery pool deck, injure themselves in a diving accident or even drown. When accidents like this happen, the victims or their families may wonder if the homeowner can be held liable in a premises liability claim.
When a Louisiana resident is injured on another person's property, that injured resident may be able to pursue legal options to attempt to recover financial compensation. Such a claim would fall under the area of "premises liability" law. So, what are the basics of a premises liability claim?
It is not uncommon to see warning signs in stores and businesses in Louisiana that say "floor slippery" or "watch your step." After all, all property owners have a duty to protect people who come onto their property from getting injured, and you will see no greater interest in doing so than in a business, where the sole goal is to make a profit, not lose money in a premises liability lawsuit. However, despite these types of efforts, it is also not uncommon to see dangerous property conditions lead to injuries.
Many of our readers in Louisiana have probably been to a place where they were more than a little concerned about the safety of the premises. A store may have stairs without a handrail, for instance, or maybe a business has not installed the proper security measures to protect contractors and customers. Whatever the situation, residents should not simply look past these unsafe conditions, because if they are injured it may be necessary to take legal action.
When Louisiana residents go onto another person's property, it is usually under the assumption that the owner or the possessor has done everything possible and within their control to ensure that their property is safe from defects and issues that would result in someone's injury. With rain and snow, as mentioned in last week's post, come additional measures that a property owner/possessor must take to ensure their property is safe from known hazards or from hazards that should have been known.
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.
Embarking on a journey through the legal system can be difficult and complicated for Louisiana residents, especially if they have been injured by someone else's negligence. What may have started out as a fun shopping trip with friends or a meal out with family can end up contributing to serious injuries if the person in charge of keeping the premises safe has not exercised the caution they were supposed to.
Though dog is supposed to be man's best friend, they can also become one's worst enemy if they attack someone. This is especially true if the victim is a child who cannot get away from the attacking animal quickly enough.
Its natural for people to slip and fall-the laws of gravity apply to all of us after all. Some falls, however, can be more dangerous than others. The harder the surface is upon which a Louisiana resident falls and the farther the person is falling, the more likely injuries are going to be serious. One type of slip and fall accident that can be very dangerous both because of the impact of the fall and the surface upon which one lands is falling down a flight of stairs. Given how dangerous an accident like that can be, it is essential that property owners, both private and commercial, ensure their premises are safe for everyone that enters it.
Premises liability is an area of personal injury law in which property owners can be held accountable for injuries that occur on their land or in their buildings. Our readers in Louisiana will likely be most familiar with this area of law from the traditional "slip and fall" cases they may have read about or seen in the news.