Types of Premises Liability Cases We Handle
Every day in Shreveport, people trust property owners to maintain safe conditions in stores, restaurants, office buildings, and other locations. Our premises liability attorneys handle a wide range of cases, each unique but all sharing one common thread: preventable injuries caused by property owner negligence.
Common Injuries in Premises Liability Cases
A property owner's negligence can cause devastating injuries that impact every aspect of your life. At Rice & Kendig, we've helped clients cope with a wide range of serious injuries, each requiring specialized medical care and often resulting in long-term complications.
- Traumatic Brain Injuries: Falls on hard surfaces or being struck by falling objects can cause concussions and more severe brain trauma. These injuries often lead to memory problems, personality changes, and cognitive difficulties that affect every aspect of daily life.
- Spinal Cord Injuries: Slip and falls or other accidents can damage the spinal cord, potentially resulting in partial or complete paralysis. These catastrophic injuries typically require lifetime care and significant lifestyle adjustments.
- Multiple Fractures: Dangerous property conditions can cause complex breaks requiring surgery and lengthy rehabilitation. From broken hips in elderly slip and fall victims to compound fractures from falling merchandise, these injuries often lead to chronic pain and mobility issues.
- Soft Tissue Injuries: While not always visible, tears to ligaments, tendons, and muscles can cause severe pain and limited mobility. These injuries frequently require extensive physical therapy and may lead to chronic conditions if not properly treated.
- Burns and Electrocutions: Faulty wiring, poor maintenance, or inadequate fire safety measures can result in severe burns or electrical injuries. These particularly traumatic injuries often require specialized treatment and can leave permanent scarring.
- Psychological Impact: Beyond physical injuries, premises liability accidents often leave deep emotional scars. From PTSD after security-related incidents to anxiety about returning to similar locations, these psychological impacts can be just as debilitating as physical injuries.
Whether you've suffered a serious physical injury or are dealing with the psychological aftermath of a premises liability accident, Rice & Kendig will fight to ensure you receive full compensation for all your injuries – both visible and invisible.
What to Do After a Property Accident: Your Action Plan
The moments after an accident can feel overwhelming, but your actions can significantly impact your future legal case. Here's your essential guide to protecting your rights and health:
Prioritize Your Health
Even if you think you can "walk it off," get medical attention immediately. We've seen too many clients whose injuries seemed minor at first but developed into serious conditions. Proper medical documentation also creates a crucial record connecting your injuries to the accident.
Document Everything Possible
If you can, use your phone to photograph the hazard that caused your accident and the surrounding area. Get contact information from anyone who witnessed what happened. Keep your clothes, especially shoes, in slip and fall cases. These details often become critical evidence in proving property owner negligence.
Report the Incident
Make sure the property owner or manager knows about your accident. Request a written incident report and get a copy. Don't sign anything they give you without legal review — property owners often try to get quick statements or signatures that could harm your case later.
Protect Your Rights
Property owners and their insurance companies often move quickly to minimize their liability. They may offer quick settlements that don't cover your full damages or try to blame you for the accident. Before giving any statements or accepting any offers, contact Rice & Kendig. Let us protect your rights while you focus on recovery.
Fighting for Full Compensation: What You Can Recover
A premises liability accident often results in substantial financial and personal losses that extend far beyond initial medical bills. Louisiana law recognizes several types of compensation you may be entitled to receive:
Medical Expenses
Medical costs after a premises liability accident can become overwhelming, especially for those with serious injuries. Compensation typically covers the full range of medical care, including emergency treatment, surgeries, hospital stays, rehabilitation, and physical therapy. It also includes necessary medical equipment, medications, and future medical procedures your injuries may require.
Lost Income and Economic Impact
When injuries prevent you from working, you're entitled to compensation for both immediate and long-term financial losses. This includes wages lost during recovery, reduced earning capacity if you can't return to your previous work, and any impact on your benefits or retirement plans.
Pain and Suffering
Louisiana law recognizes that the personal impact of injuries deserves compensation beyond just medical bills and lost wages. This includes physical pain from your injuries, emotional distress, loss of enjoyment in daily activities, and changes to your personal relationships. The amount depends on factors like injury severity, recovery time, and long-term impact on your life.
Understanding Louisiana Premises Liability Laws
Louisiana's premises liability laws are primarily governed by Civil Code Articles 2317 and 2317.1, establishing the fundamental principles of property owner liability. These laws are crucial to understanding your rights and the strength of your case.
Property Owner's Legal Duties (Louisiana Civil Code Article 2317)
Louisiana law requires property owners to exercise "reasonable care" in preventing hazardous conditions. Under Article 2317.1, property owners are liable for damages caused by defects in their property when:
- They knew or should have known of the defect.
- The damage could have been prevented with reasonable care.
- They failed to exercise such reasonable care.
Visitor Classifications and Duties Owed
Louisiana courts recognize three categories of visitors under premises liability law, each with specific protections:
- Invitees (Highest Protection): Under Louisiana Revised Statute § 9:2800.6, business owners owe the highest duty of care to customers and other business visitors. This includes regular property inspections and timely repair of hazards. Store owners must maintain safe premises and warn of dangerous conditions.
- Licensees (Moderate Protection): Social guests are protected under Civil Code Article 2315. Property owners must warn them of known dangers and repair obviously dangerous conditions but aren't required to actively search for hazards.
- Trespassers (Limited Protection): While trespassers have limited rights, property owners still cannot deliberately cause harm or ignore obvious dangers that could lead to severe injury. The "attractive nuisance" doctrine (Article 2317) requires securing features like pools that might attract children.
Critical Time Limits (Louisiana Civil Code Article 3492)
Recent legislative changes have modified Louisiana's prescription period (statute of limitations):
- Pre-July 1, 2024 Accidents: One-year deadline from the date of injury (Act 271).
- Post-July 1, 2024 Accidents: Two-year deadline under Louisiana's new tort reform laws.
Merchant Liability (La. R.S. 9:2800.6)
For accidents in retail establishments, Louisiana law sets specific requirements for proving fault:
- The condition presented an unreasonable risk of harm.
- The merchant either created or had actual/constructive notice of the condition.
- The merchant failed to exercise reasonable care.
- The damage was caused by the hazardous condition.
Comparative Fault (Louisiana Civil Code Article 2323)
Louisiana follows a pure comparative fault system under Article 2323, which means:
- You can recover damages even if you are partially at fault.
- Compensation is reduced by your percentage of fault.
- No complete bar to recovery regardless of fault percentage.
- Multiple parties can share liability.
Government Property Claims (Louisiana R.S. 13:5106)
Special rules apply when accidents occur on government property:
- Notice requirements within 90 days
- Damage caps on certain types of recovery
- Different procedural requirements
- Shorter time limits for filing claims
Struggling After Your Accident? We're Here to Help.
At Rice & Kendig, our Shreveport car accident lawyers have more than 40 years of experience helping clients receive the justice and compensation they deserve. Get your free case review now!
No Fee Unless We Win For You
or Call Us
(318) 222-2772