Premises liability claims can pop up anytime, anywhere in Louisiana. It doesn’t matter if it’s in a parking lot, the baking aisle of a grocery store or at an amusement park. Accidents happen in a continuous stream. That is why an experienced defense is so important. These cases require examination from every angle for a favorable outcome.
While it isn’t simple for the insured to win a premises liability case, it’s no easy fete for an insurer either.
The insured must prove all elements of their premises liability case, which includes:
- They were an invitee, licensee or social guest
- The property or business owner was responsible for keeping the property in safe condition
- The property or business owner should have known of the danger
- Their assumed negligence caused the insured individual’s injury
A skilled insurance lawyer will consider how the accident happened, the severity of the injuries and then compile arguments to challenge aspects of the claim.
Assumption of the risk
A common defense raised in such cases is known as an assumption of the risk. In this situation, a lawyer would present that the insurer knew of the danger, and still went in harm’s way. Slip-and-fall cases benefit from this type of defense. For example, the insurer was at a waterpark and slipped on a wet surface. There’s a possibility the insurer knew about the potential problem. Therefore, you can form an argument.
The insured may have pre-existing injuries. A prior injury could correlate with the accident itself, and may have even caused the additional injury. The property or business owner’s liability is not challenged. Instead, it’s argued that the fault involves other circumstances.
If a large settlement is involved, comparative negligence could be a useful defense. Often the insured is partially at fault for their injury, but is pursuing full compensation for the damages. Louisiana negligence laws use percentage of fault to determine how much the insured receives. Their contribution to the injury transfers to a percentage, which reduces the settlement.
One of the biggest defenses in a premises liability case is proving the insured was injured because they did not practice due care. Due care means that the individual has a responsibility to use common sense and be aware of their surroundings.
Premises liability cases are surely complicated. It depends on who was at fault, how much they were at fault and severity of the injuries. It’s essential to seek legal representation when diving into the complexity of such claims.