What is a Premises Liability Case?
While you may not have known the legal name of a premises liability case, you read about these types of situations in the news all the time. Someone is at a store with wet a floor that isn’t marked, slips and falls, and is hurt. A dog bites a neighbor’s child while she is visiting their home. Or a worker is injured in an elevator or on an escalator that is not working properly at a department store. Basically, any time you are injured at a property that you don’t own, there’s a possibility that your injury may qualify for a premises liability case and that you may have a claim to be compensated.
However, a Baton Rouge premises liability case isn’t simply based on the fact that you were injured on someone else’s property. These cases are based on negligence and the property owner or manager’s failure to reasonably ensure your safety while you were on their property.
For example, let’s say you’re in at a store in Baton Rouge, you slip and fall, and break your leg. In order to win a premises liability case, you have to prove that the store was negligent. This may mean that the floor was wet - and the store knew it - but it wasn’t marked with a caution sign. Or it could mean that the store had uneven flooring or steps that weren’t properly marked and knew that they posed dangerous conditions. It could also mean that a floor was wet and the store didn’t know it because it had not bothered to check. In all of these scenarios, the store could be found negligent for your accident and be legally required to pay your medical bills and compensate you for your time off work and your pain and suffering.
The same is true of dog bites. Perhaps you have a dog of a breed that is known to be vicious, like a pit bull. Or maybe you have a dog of a non-vicious breed, but it has a history of biting. If you know your dog has a history of biting and it bites someone again - even if your dog gets loose and bites someone in the middle of the street or in another neighborhood - you could be liable.
Premise Liability Cases Can Get Personal
While you always seem to hear about the premise liability cases that happen on commercial property, what you don’t hear about are the numerous cases that happen in someone’s own home while they are entertaining friends and family. And these cases can get personal. Part of the reason is that medical insurance companies demand they are compensated for medical bills related to an injury that was the result of someone else’s negligence. So, for example, if your sister trips and falls down broken stairs at your house, has to go to the hospital, and writes on the medical report that the accident happened at your house, her medical insurance company may force her to recover the cost of her medical bills from you, even if she doesn’t want to sue you! Unfortunately, these types of cases can rip families and friendships apart.
Whether You’re the One Injured, or Someone is Injured on Your Property, You Should Always Speak with a Baton Rouge Personal Injury Attorney to Find Out Your Rights
If you’re injured on another person’s or company’s property, or someone is injured at your house, you should always speak with a personal injury attorney like myself for a consultation. It’s a way to protect you and your interests, no matter which side of the fence you are on. If you need to speak to someone about a potential premise liability case, call me today at (225) 687-1111.