New Orleans Premises Liability Lawyer

A closer look at the legal concept that governs most cases where you are injured on someone else’s property.

Many personal injury cases are based on negligence, and premises liability cases are no exception. In order to win a manufacturing unit liability case, the wounded person must prove that the property owner was negligent with respect to ownership and/or maintenance of the property. In basic, negligence means that the property owner failed to use reasonable care in connection with the property.

It’s important to be aware that simply because you were injured on someone’s property does not always imply that the property owner was negligent. Further, simply because the exact property might have been in an risky condition does not automatically mean that the home owner was negligent. You must show that the property owner knew or should realistically have known that the premises were in an unsafe condition, and still failed to take proper steps to cure the specific situation. (Learn more about Neglect and Fault for a major accident. )

Discussing take a closer look at these varieties of cases.

Types of Areas Liability Cases

Many different types of injury instances can be classified as premises liability cases, including:

slip and fall instances

ice and snow injuries

inadequate maintenance of the premises

defective conditions on the premises

inadequate building security leading to personal injury or assault

elevator and escalator accidents

dog hits

pool accidents

amusement playground incidents


water water leaks or flooding, and

dangerous fumes or chemicals

While you can see, areas liability cases include a variety of fact scenarios. Even dog bite cases fall under the umbrella of manufacturing unit liability because they require a hazardous condition on someone’s property (the occurrence of a potentially dangerous dog).

The Property User’s Duty of Care

Although many states require the property owner to exercise sensible care in ownership and repair of the property with respect to all people who might get into onto the property, other states still apply an old rule that can limit the landowner’s responsibilities with regards to the status of the customer.

In those states, all visitors to the property are split up into three categories: licensees, invitees and trespassers.

An invitee is someone who has the landowner’s express or implied authorization to enter the property. Invitees are usually people like friends, relatives, and neighbors. The landowner usually owed an invitee a duty of reasonable attention to keep the property reasonably safe for the invitee.

A licensee is someone who has the landowner’s express or meant permission to the property, but is coming on to the property for his or her own purposes. Licensees are usually people like salesmen. The landowner traditionally owed a licensee a lesser duty simply to warn the licensee of dangerous conditions that create an unreasonable risk of harm if the landowner knows about the problem and the licensee is not likely to be able to discover it. A trespasser is somebody who is not authorized to be on the property. Traditionally, landowners owed no duty to trespassers except if the trespasser was a child. In that reason, the landowner owed the duty to exercise sensible care to avoid a reasonably foreseeable likelihood of harm to children brought on by artificial conditions on the land (i. elizabeth., swimming pools). Because these rules can get fairly complicated and they fluctuate from state to mention, you should contact a skilled local legal professional if you have questions about a probable premises liability case.

Types of Premises Liability Cases

A few look into some different sorts of premises liability circumstances.

Slip and Fall. These kinds of are the most simple premises liability cases. They will occur when you fall (or trip) and fall season on someone else’s property. Some common conditions that can result in a slip or trip and fall are:

defective staircases

accumulation of ice or snow

rainy flooring

oily floors

concealed electrical cords

unsecured mats or carpets and rugs

thresholds, and

loose or broken flooring, sidewalks, steps, or steps.

Inadequate Building Security. These types of cases usually arise in apartment buildings or office buildings. Owners of people buildings have a duty to behave moderately in securing use of the buildings. That is why large apartment buildings and offices usually have doormen or those on the first floor and small apartment buildings generally require the tenants to keep the front and back again doors locked. If someone breaks in (or simply walks in via an revealed door) and assaults or kills someone inside the building, that person may have a premises legal responsibility case against the building owner whether it can be shown that the building owner did not take reasonable steps to secure house.

Swimming Pool Mishaps usually involve children and an unsupervised and unguaranteed pool. For that reason, most claims and municipalities have laws and regulations and ordinances requiring that swimming pools have a fence around them, often with a locking entrance. If someone leaves their pool open and unprotected, that person may be on the legal connect in a premises the liability case.