PERSONAL INJURY:  Premise Liability

Generally speaking, under Louisiana law, a premise owner is liable for damages sustained as a result of an unreasonably dangerous condition existing on his/her property.  In Louisiana, this precept is known as premise liability and arises out of principles of negligence and equity. 

The standard of proof required in premise liability cases is not uniform rather, it varies on the set of facts surrounding the particular claimant's personal injury.  As in most personal injury cases, the initial burden rests with the injured person to establish a prima facie case.  In the slip and fall context this usually means that the injured party must show (1) that an unreasonably dangerous condition existed on the property (2) that the premise owner knew or shouldve known of the condition and (3) that damages resulted from that  condition.    

For instance, let's assume that the particular personal injury claim stems from a slip-and-fall occurring at a New Orleans, Louisiana Wal-Mart. Louisiana law, generally speaking, provides that the injured person may recover for his/her injuries provided that they can show that the premise owner had actual or constructive knowledge of the unreasonably dangerous condition.  Constructive knowledge, as used in this context, simply means that the owner either knew or should've known of the existence of the dangerous condition.  Although this concept seems relatively elementary at first glance, Louisiana jurisprudence is riddled with cases interpreting this standard.  Did Wal-Mart have an attendant on duty surveying the area?  Was the area prone to spills?  Etc.  These are just some of the types of facts which may be material in any given slip and fall case involving premise liability. 

If on the other hand, the personal injury suffered was the result of a toxic exposure occurring on another's premises, the injured party's burden of proof may be lessened.  In some instances, like cases involving hazardous materials, Louisiana law has found that premise owners may be strictly liable for the plaintiff's injuries.  But again, this is not a hard and fast rule but rather turns on a multitude of factors.

If you or a loved one has suffered a personal injury as a result of an unreasonably dangerous condition existing on someone else's property, you should contact an attorney/lawyer as soon as possible to discuss your potential case.  Remember, in most instances you will have only a year to bring a potential claim.