St. Bernard Parish Slip & Fall Lawyer

Serving Clients Throughout the Area

If you have been injured by slipping, tripping, and/or falling on someone's property and are considering pursuing a legal claim, you should discuss your potential case with an experienced attorney as soon as possible. Louisiana's statute of limitations (Civil Code Art. 3492) defines one year as the time limit in which injured persons may initiate legal proceedings for a personal injury lawsuit.

Slip and fall cases are also known as "premises liability" claims, as slip and fall accidents usually occur on property or "premises" owned or maintained by someone else. In such cases, the owner or possessor of the property may be held legally responsible.

Contact The Law Offices of Dan A. Robin, Jr. to speak with a St. Bernard Parish slip and fall lawyer who can advise you of your rights during this time. With over 1,000 personal injury cases under our belt, you can be confident that you are getting the representation you need.

Slip, trip, and/or fall accidents are often related to:

• Broken mechanics or equipment (elevators, escalators, scaffolding, etc.)
• Building code violations
• Faulty or poorly maintained floors or flooring (torn carpet, missing tiles, worn smooth surfaces, etc.)
• Hazards hidden by rain, mud, ice, or snow
• Lack of or improperly maintained porch or balcony rails
• Lack of or improperly maintained handrails
• Narrow stairs or staircases
• OSHA violations at job sites
• Poor lighting
• Pot holes or broken and cracked public walks
• Uneven flooring or walks
• Unattended spills (lack of clean up)
• Wet flooring

There is no concrete way to determine when someone else is legally responsible for your injury if you slip, trip, and fall. If it can be proven there was a dangerous condition that the property owner did not address, creating an obvious danger, then the property owner could be deemed liable and legal action initiated. However, if a person falls simply because he was not looking where he was walking, it stands to reason they cannot file a claim against the property owner, as the owner was in no way at fault, no matter how serious the victim's injury might be.

Who Can File a Premises Liability Claim in Louisiana?

In Louisiana, anyone who has been injured on someone else’s property due to unsafe conditions may have the right to file a premises liability claim. To pursue such a claim, the injured person must demonstrate that the property owner, or someone in control of the property, failed to provide a reasonably safe environment.

Generally, premises liability claims are filed by individuals who were lawfully on the property at the time of their injury. This includes business customers, tenants, and invited guests. Property owners owe a duty of care to these individuals to ensure that the property is free from dangerous hazards that could cause harm.

However, individuals who were trespassing on the property may face difficulties in filing a claim. Louisiana law typically does not require property owners to ensure the safety of trespassers. There are exceptions, though, such as when a property owner has created an “attractive nuisance” that draws children onto the property, or if the property owner has acted recklessly or with gross negligence.

In cases where an injury occurs due to a defect or dangerous condition, proving that the property owner had knowledge of the issue, or should have known about it, is critical. If you have suffered an injury on someone else’s property, understanding whether you qualify to file a premises liability claim is essential in seeking compensation for your damages. An experienced attorney can evaluate your case and help you navigate the legal process.

Trust Our Team To Fight For You

If your injury occurred on commercial premises, there could be a number of people or entities held responsible for the injury. For instance, if a business rents space from a commercial property owner, both the property owner and the tenant (the business) could be named as defendants in a lawsuit, in addition to a party that may have been hired to maintain the property. 

For private property (homes or residential properties), landlords may be held responsible to tenants or third parties for slip and fall injuries on rental property. If a slip and fall injury occurs on property owned by local, state, or federal governments, special rules could apply, as there are more stringent notice requirements and broad immunity provisions that might shield government entities from liability for injuries that occur on their property. 

In all these cases, if you slip, trip, and fall on someone else's property and are considering a legal claim, you should discuss your potential case with an experienced St. Bernard Parish slip and fall attorney to see if there is legitimate fault or negligence.

The Law Offices of Dan A. Robin, Jr. offers free consultations to help you evaluate your injuries and the law.