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Last Modified on Jan 14, 2026
When you enter property belonging to someone else in Louisiana, the property owner owes you the legal obligation of making sure their property is safe. If they violate this obligation and you suffer injuries as a result, you may be able to file for compensation in a Louisiana premises liability injury case. How to prove a Louisiana premises liability case will hinge on your status and your lawyer’s ability to demonstrate negligence.
Understanding the Requirements of a Louisiana Premises Liability Injury Case
Each year, the United States records over three million emergency room visits from falls alone. These are one of the most common kinds of premises liability injuries. They occur when you enter someone’s property and a dangerous condition or hazard causes you to suffer a slip, trip, or fall that results in injury or death.
In order to recover compensation, you need to prove negligence on the part of the property owner. Before doing this, you first need to understand if you meet the requirements to file a claim. In Louisiana, there are three main categories of visitors on a property. Before filing a claim, it is crucial to know which category you fall into.
Categories include:
- Invitees: Any party who has been given implied or explicit permission to be on the property is regarded as an invitee. This could include a friend or loved one coming to visit you at your Lafayette home, or a customer entering a Broussard coffee shop.
- Licensees: An individual who is legally on a property but does not have explicit permission from the owner is known as a licensee. This can include individuals using a public bathroom or patients inside a hospital.
- Trespassers: If an individual is present on a property illegally, then the property owner might not owe them the same level of care. However, there are some exceptions for children. If the owner knows people are trespassing, they might need to warn them of the potential risks on the property.
It is crucial that you are aware of your status as an invitee, licensee, or trespasser. This status comes into play in your ability to prove your case and recover compensation.
Elements That Must Be Proven in a Premises Liability Case
Every year, the United States reports nearly $1.2 billion dollars in personal injury costs. In order to recover compensation, you need to be able to prove your case. Working together with your attorney, you need to demonstrate the existence of the following legal elements in your case:
- Duty of care: In Louisiana, from Shreveport to New Orleans, property owners owe certain visitors a legal obligation to keep their property safe from hazards.
- Breach of duty: It must be demonstrated through evidence that the property owner failed to uphold their obligation, such as when they did not install necessary handrails or failed to clean up a spill.
- Causation: Evidence must be shown that the unsafe condition or hazard directly resulted in your accident and subsequent injuries.
- Damages: Finally, you need to prove that you suffered actual harm as a result, such as medical debt, pain and suffering, or a loss in income.
Louisiana has a time limit for how long you are able to file a claim. You only have two years from the date of the accident to recover damages. If you wait too long, you can lose out on your eligibility for any compensation. An attorney can help you file your case on time.
About Chris Villemarette, Trial Lawyer
Since 1994, Chris Villemarette, Trial Lawyer, has been serving the people of Louisiana in a wide range of injury claims. From our offices at 3404 Moss Street in Lafayette, we have established a reputation built on a dedication to getting results for our clients.
We are here to advocate for you. While past results do not guarantee a similar outcome and every case is different, we work tirelessly on your behalf.
FAQs
What Evidence Can Be Used to Prove Negligence in a Premises Liability Case?
The evidence that can be used to prove negligence in a premises liability case includes several forms of evidence. These forms of evidence include:
- Maintenance records for the property
- Police or accident reports
- Surveillance videos or photographs
- Any existing prior complaints or individual reports
- Medical records and bills
- Any communications that show the property owner was aware of hazards
What Steps Should Be Taken to Build My Negligence Case?
To build your negligence case, there are certain steps to take following a premises liability accident. First, it is important to seek medical care, even if you do not feel injured. This allows you to have a paper trail of medical records to use as future evidence. You also want to report the accident, document the scene, gather witness statements, and contact an attorney.
What Damages Can I Recover for a Slip-and-Fall Injury?
For a slip-and-fall injury in Louisiana, there is a litany of damages you may be able to recover. In the United States, 35% of all injury claims are slip-and-falls. If you suffer a slip-and-fall due to the negligence of another, you may be entitled to recover damages like related medical bills, pain and suffering, lost wages, loss of the enjoyment of life, and loss of your future earning capacity.
How Can a Lawyer Help Me in a Premises Liability Case?
In a premises liability case, an attorney can help you in many different ways. At Chris Villemarette, Trial Lawyer, we can investigate the accident scene and recover evidence before it has a chance of disappearing. We can analyze the property conditions alongside safety personnel and challenge tactics used by the insurance company when they try to shift blame to you.
Hire a Premises Liability Lawyer Today
If you find yourself in the aftermath of a Louisiana premises liability accident, it is crucial that you hire a premises liability lawyer as soon as possible. By working with a knowledgeable and experienced attorney, you can build a strong case that allows you to prove negligence and obtain full compensation. Contact the office of Chris Villemarette, Trial Lawyer, today to schedule an initial consultation.
