When accepting visitors onto the premises, property owners have a duty of care to take measures to prevent harm from befalling their guests. These measures could take many forms depending on the various needs of the property itself. If a property owner does not promote the safety of others and an accident happens on the premises, they could be found legally responsible for any ensuing losses.
If you or a loved one were injured due to another party’s negligence, you have legal options. A New Orleans poor maintenance lawyer can help you to identify the party responsible for your injuries and, from there, pursue a settlement offer that covers your losses. You may not have long to take legal action, since Louisiana Civil Code (CC) Art. 3492 only grants one year from the date of your accident to pursue litigation in Louisiana.
The Morris Bart law firm can investigate the details of your case, collect evidence that supports your account of events, and pursue financial recovery that accurately covers your losses. For a free case review, call (504) 613-4771.
Poor Maintenance and Personal Injuries
There are several ways in which lawsuits related to poor maintenance arise. You could have tripped over debris that was not appropriately cleared from a walkway. You may have fallen down a stairwell that was not properly lit. Regardless of how your accident happened, the Morris Bart law firm wants to help. Property owners must routinely ensure all potential hazards that could pose a threat to their guests are corrected.
Poorly maintained properties could feature the following dangers:
- Tree roots that permeate walkways
- Lightbulbs that are not replaced in a timely manner
- Frayed wires and cords
- Uneven paths
- Transitory substances that have not been cleaned (such as spilled liquids)
- Overgrown grass and bushes that house dangerous animals, such as snakes
- Debris from a natural disaster that was not addressed
- Snow or ice not cleared from a walkway
Your legal team will need to establish that the property owner (or the agency responsible for its maintenance) knew about these hazards, yet did nothing to fix them. They may also be found liable if they were taking measures to correct their property’s dangers, but did not tell visitors that such dangers existed.
If you or a loved one was injured on a property that was not properly maintained, you have legal options. A New Orleans poor maintenance lawyer can help you explore these routes of action. To get started with a free case review, call (504) 613-4771.
For a free legal consultation with a Poor Maintenance Accident lawyer serving New Orleans, call 800-537-8185
Determining Liability for Your Case
Where you were injured will play a role in determining who is responsible for your losses. For example, you may have been injured at your place of work. Unfortunately, many states, including Louisiana, do not permit you to sue your employer. However, if another party is found to have contributed to your losses, they can be subject to legal action.
Some examples of places you could have been injured and who can be responsible include:
A Friend or Neighbor’s House
Just because you know someone personally does not exclude them from premises liability. If you were injured on private property, such as a friend or neighbor’s house, the owner of the property can be found responsible for your injuries and related losses.
You cannot sue your employer if you are injured while you are on the job. However, if you worked on a construction site and you were injured, you may have options for filing for workers’ compensation. If you were injured by a piece of machinery malfunctioning, for instance, you may have the basis of a product liability claim.
A New Orleans poor maintenance lawyer can evaluate the details of your situation and determine what course of legal action suits your case.
A Commercial Business
If you slip and fall at a place of business, like the grocery store, you may be able to hold the corporation responsible for your injuries. Employees of these businesses must constantly monitor the premises remedying potential dangers or bring the hazard to a supervisor’s attention.
Types of Injuries in Poor Maintenance Claims
A New Orleans poor maintenance lawyer aims to prove the defendant’s negligence. Therefore, the lawyer you hire must prove beyond a reasonable doubt the elements of negligence, one of which involves demonstrating that you were injured because of the accident.
Some injuries you may have sustained as a result of another party’s carelessness include:
- Brain injury
- Cuts and lacerations
- Broken or fractured bones
- Spinal cord injury
According to the Centers for Disease Control and Prevention (CDC), the injuries you sustain in a slip and fall accident can have far-reaching implications on various areas of your life. Following any type of accident, you should always seek prompt medical attention to promote your health and safety.
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Recoverable Damages in a Successful Case
Upon entering the legal process, some claimants are not fully aware of the types of damages they can pursue following their accident.
Depending on the details of your situation, you may be able to pursue the cost of:
- Medical bills, both past and current
- Lost wages due to a long recovery period
- Diminished earning capacity, if you cannot return to your preferred place of employment
- Pain and suffering and inconvenience
- Emotional trauma
- Childcare costs, if your recovery period prevented you from caring for minors in your charge
At the Morris Bart law firm, we understand that every case is different. You may be seeking to recover losses that we have not listed here. A New Orleans poor maintenance lawyer from our team can evaluate your case and estimate the cost of your losses by reviewing the evidence. From there, we can pursue a settlement or court award on your behalf. Our goal is to bring about a successful resolution to your case that does not involve you paying out of pocket for your accident-related expenses.
Call the Morris Bart Law Firm Now
When you call the Morris Bart law firm, you will start a free case review, during which we will ask you some questions about the specifics of your situation. Any paperwork that you have on hand relating to your injuries could prove useful during this no-obligation conversation.
Our team wants to get started on your case as soon as we can. Call the Morris Bart law firm at (504) 613-4771.
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