The Louisiana Merchant Liability Act governs claims against merchants. A merchant owes a duty of reasonable care to keep his aisles, passageways, and floors in a reasonably safe condition. This duty includes a reasonable effort to keep the premises free of any hazardous conditions which reasonably might give rise to damages. In a negligence claim by a plaintiff for damages sustained from a fall, the plaintiff must prove that:
- The condition presented an unreasonable risk of harm;
- The harm was reasonably foreseeable;
- Prior to the harm, the merchant either created or had actual or constructive notice of the condition which caused the harm; and
- The merchant failed to exercise reasonable care. To prove failure to exercise reasonable care, the absence of a written or verbal uniform cleanup or safety procedure is by itself insufficient.
If this duty has been breached and someone suffers an injury, or worse, as a result, the victim may be able to file a premises liability claim against the property owner. While it is true that the most common premises liability claims involve slip and fall accidents, there are numerous other forms of property liability for which an owner or operator may be charged with. It is important to note that one of the most important aspects of premises liability claims is proving that the property owner was negligent and could have prevented the accident on their grounds through the implementation of better safety measures. If you or someone you love has been injured or killed in an accident that occurred on the property of another and you think that person could have made the premises safer, please contact the Spurgeon Law Firm. We are conveniently located in Alexandria, Louisiana and are ready to help you today!
Common Types of Premises Liability Cases
In large part because premises liability claims can frequently involve businesses, corporations, and entities with seemingly limitless resources, it is imperative that you have a qualified premises liability attorney on your side when you wish to pursue legal action. As mentioned, there are numerous forms of premises liability injuries and cases, including the following:
- Slips and falls
- Diving accidents
- Balcony accidents
- Stairs and railing accidents
- Inadequate security
- Elevator accidents
- Escalator Accidents
- Walking Area Accidents
- Amusement Park Accidents
- Swimming Pool Accidents
- Hotel Negligence
- Department Store Negligence
- Trip and Fall Accidents
- Uneven pavement or floors
- Open holes or excavations
- Falling objects
- Insufficient lighting
- Defective products on property
These are serious types of cases that oftentimes result in catastrophic injuries, or worse. This is why it is important that you seek the help of a qualified attorney who has the experience and knowledge to investigate the circumstances surrounding your case while also protecting your legal rights and interests. Determining liability in premises liability accidents is complex and can be extremely difficult to prove. If you believe you have a premises liability case on your hands.
We are committed to doing everything we can to ensure you receive the compensation you deserve for your injuries. These are serious types of cases that oftentimes result in catastrophic injuries, or worse. This is why it is important that you seek the help of a qualified attorney who has the experience and knowledge to investigate the circumstances surrounding your case while also protecting your legal rights and interests. If you or someone you love has suffered a serious injury or death on the property of another through no fault of your own, Contact Spurgeon Law Firm for a FREE Consultation Today!