What Is Premises Liability?

Premises liability refers to a property owner’s legal responsibility to maintain a safe environment for visitors. If a property owner allows unsafe or defective conditions on their property, and those conditions cause an injury, the victim may have grounds for a premises liability claim.

In Louisiana, property owners owe a duty of care to anyone legally on their property. This includes:

  • Customers in businesses (retail stores, restaurants, hotels)
  • Guests in private homes
  • Visitors conducting business on the property

However, property owners generally do not owe a duty of care to trespassers. Claims can only proceed if it can be proven that the property owner was negligent.

Common Premises Liability Claims

Premises liability accidents can occur in public places, private homes, and commercial properties. Examples of common incidents include:

  • Slip and Fall Accidents – Caused by wet floors, poor lighting, uneven surfaces, or lack of handrails.
  • Dog Bites and Animal Attacks – Injuries caused by unrestrained or aggressive pets.
  • Swimming Pool Accidents – Drowning or injuries due to unsafe pool areas.
  • Inadequate Security – Assaults or thefts due to insufficient security measures in public spaces.
  • Elevator and Escalator Accidents – Malfunctions or improper maintenance leading to injuries.
  • Falling Objects – Injuries from items falling from shelves or overhead storage.
  • Construction Site Injuries – Accidents due to hazardous conditions on construction properties.

Who Is Responsible?

Liability in premises cases typically falls on the property owner, landlord, or business operator. Their responsibility depends on the type of visitor and the reason for their presence on the property.

Types of Visitors:

  • Invitees – Customers or business visitors. Property owners owe them the highest duty of care.
  • Licensees – Social guests or people allowed on the property for non-business reasons.
  • Trespassers – Property owners generally owe no duty of care to trespassers, except in certain situations (e.g., children in unsafe areas like swimming pools).

What to Do If You’ve Been Injured on Someone Else’s Property

If you’ve suffered an injury on another person’s property, taking immediate action is crucial to protect your rights and strengthen your case. Here’s what to do:

  • Seek Medical Attention – Your health comes first. Even if the injury seems minor, have it evaluated by a healthcare professional.
  • Document the Scene – Take photos of the area where the accident occurred, including any hazards (wet floors, poor lighting, broken stairs).
  • Gather Information – Get contact details from witnesses and the property owner or manager.
  • Avoid Signing Anything – Don’t sign any documents or liability waivers without consulting an attorney.
  • Contact an Attorney – Premises liability claims can be complicated. An experienced attorney can help you navigate the process and protect your rights.

Have you been injured in an accident?

STEP 1: Contact Luke Law Firm for a free consultation. We’ll assess your case, explain your options, and meet you anywhere in Louisiana.

STEP 2: We Build & Fight for Your Case – Our team gathers evidence, handles paperwork, and negotiates aggressively. If insurers don’t play fair, we’re ready for court.

STEP 3: You Get Paid – No Fees Unless We Win – You pay nothing upfront—our success is tied to yours.

Take the first step

FREQUENTLY ASKED QUESTIONS

How do I prove a premises liability claim?

To prove your case, you must show that:

  • A hazardous condition existed on the property.
  • The property owner knew or should have known about the hazard.
  • The owner failed to take reasonable steps to fix or warn about the condition.
  • The hazard directly caused your injury.

Can I sue a property owner if I’m injured in a private home?

Yes, if you can prove that the homeowner was negligent and failed to maintain a safe environment, you may be able to file a claim against their homeowner’s insurance policy.

What if I’m partially at fault for my injury?

In Louisiana, you may still recover compensation under the comparative fault rule, but your compensation will be reduced by your percentage of fault.

Do I need an attorney for a premises liability claim?

Yes. Premises liability cases can be complex, especially when dealing with insurance companies and multiple liable parties. An experienced attorney will protect your rights and fight for the compensation you deserve.