Premises Liability Law

Property owners, managers, and tenants, have an obligation to protect visitors and guests from known or preventable dangers.

When they fail, and injury results, a victim is often entitled to be compensated for losses, including economic damages such as medical bills and lost wages, and even non-economic damages such as pain and suffering. However, the laws are complex and in many cases a defendant’s rights are determined by his or her legal status on a property. Additionally, liability rules can be strict and property owners or managers often move quickly to correct hazards after an injury occurs.

For these reasons and others, those who are injured on someone else’s property are always best served by reaching out to an experienced property injury lawyer in Lafayette as soon as possible.

At Brandt & Sherman, we believe injury victims and their families deserve to be treated fairly. That’s why our property injury attorneys offer free and confidential consultations to discuss your rights and accept cases on a contingency fee basis, which means you pay nothing up front; we are paid based on a percentage of the recovery we make on your behalf.

Property Injury Claims

Common types or property injury claims include:

• Dog bites
• Slip and fall
• Struck by object
• Parking lot accidents
• Swimming pool and spa accidents
• Hotel and resort accidents
• Negligent security
• Sidewalk accidents
• Backover accidents
• Injuries at school
• Firearm discharge

Under Louisiana law, property injury claims are found under LA Rev Stat § 9:2791, which outlines the rights of victims and the responsibility of property owners, managers and tenants.

A victim's rights, and a liable party’s responsibilities, are determined by a visitor's status on a property under Louisiana law, which defines visitors as an invitee, licensee or trespasser.

• Invitee: An invitee is on a property for the mutual benefit of both the guest and the property owner or tenant. A customer at a retail outlet is a common example. These guests are owed the highest duty of care. The duties of a property owner or manager are to use ordinary care to keep the property in reasonably safe condition and to protect the invitee from unreasonable risk.
• Licensee: A licensee is someone who is invited, or is at least not prohibited, from being on a property. A guest at a private residence is an example of a licensee. Licensees should be warned of dangerous conditions.
• Trespasser: These are people on a property without permission and are owed a minimal duty of care, unless a victim is under the age of 18. In particular, the attractive nuisance doctrine can hold property owners accountable when young children trespass on a property as a result of being foreseeably lured by a dangerous condition, such as an openly accessible swimming pool, old cars, or junk piles.

We can see by the complexities of determining liability and the responsibility of a property owner, manager or tenant, that early investigation and careful documentation can be essential to making a claim. That makes early consultation with an experienced property injury law firm in Lafayette essential to protecting your rights.

The experienced injury lawyers and wrongful death attorneys at Brandt & Sherman represent clients and families throughout the Acadiana region, including the parishes of Lafayette, Saint Martin, Acadia, Iberia, St. Landry, St Mary and Vermilion, and the communities of Abbeville, Carencro, New Iberia, Crowley, Opelousas, Eunice, Jennings, Baton Rouge, Baker, Merrydale, Zachary, Scott, Broussard, Milton, Morgan City, Shenandoah, Denham Springs, Lake Charles, Youngsville and Thibodaux.

Contact a Lafayette Premises Liability lawyer at Brandt & Sherman today for a free and confidential consultation to discuss your rights. Call (337) 800-4000.