Premises liability cases generally involve properties or businesses where an unsafe or dangerous condition exists which should have been repaired, replaced, or eliminated. An example of a dangerous condition on a property includes dangerous physical conditions that cause accidents such as spills on floors, as well as improperly designed stairs or ramps that may cause trip and falls or slip and falls. Other cases involve negligent security situations, where a business failed to take adequate cautions to protect their customers.
Proving such dangerous conditions require prompt investigation to photograph the scene, have it investigated by an appropriate expert if necessary, and obtain witness statements. Our slip and fall attorneys have access to investigators and experts that can help investigate and resolve your case.
Unsafe premises accident victims experience all types of accidents in Louisiana, including:
- liquids, food or debris on the floor or walkway
- crushed, broken, cracked sidewalks and walking surfaces
- poor lighting
- steps, stairs in disrepair or not meeting code
- handrails, guardrails missing, broken or not meeting code
- holes and depression in parking lots and sidewalks
- handicap ramps not meeting code, too steep, too narrow, no contrasting paint, disrepair
- falling merchandise in stores
- inadequate security
- criminal acts
There are many standards that businesses are required to follow when building and maintaining their property. Successfully litigating these types of cases requires knowledge of these standards. Some of these standards include:
- ASTM International standards (including ASTM Standard F 1637-95 “Standard Practice for Safe Walking Surfaces”)
- Occupational Safety and Health Administration (OSHA) standards and regulations
- American National Standards Institute (ANSI) standards
- International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and the Seafarers Training, Certification and Watchkeeping Code
- International Maritime Organization (IMO) guidelines and standards, including but not limited to Guidelines on Fatigue and Labor Standards on Merchant Ships
- United States Coast Guard Navigational Vessel Inspection Circulars (NVIC)
- Code of Federal Register (CFR) sections
- Louisiana Statute sections
- United States Code sections, regulations of governmental agencies and trade organizations
- National Fire Protection Association (NFPA) codes
- Life Safety Code
- Fire Prevention Code
- City Building Code sections
- Standards promulgated by the International Code Council, including but not limited to the International Building Code and the International Mechanical Code
- Americans with Disabilities Act Accessibility Guidelines
All victims should be aware that Louisiana premises liability law is favored toward the business owner. Generally an injured victim must be able to show:
- That the property owner or party responsible for managing the grounds knew or should have known of the dangerous condition;
- That party failed to either make the condition safe or to warn persons of any potential risks; and
- The victim did not have reason to know of the dangerous condition and suffered injury as a result.
In the case of a slip and fall, the injured party must show:
- The property owner or manager created the condition;
- The property owner or manager knew or should have known the condition existed;
- The property owner or manager failed to correct the condition or adequately warn others; and
- As a result, the victim suffered a personal injury.
The burden of proof in these cases is difficult to overcome. Successfully litigating a Louisiana slip and fall accident claim typically requires the assistance of an experienced lawyer. Personal injury victims on businesses should seek an attorneys immediately to ensure that they can be compensated for any injury.
If you or a loved one has suffered a personal injury, learn about your legal rights from an experienced injury attorney by filling out our free, no obligation case review form located on this website.