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REPRESENTING VICTIMS OF UNSAFE PROPERTY CONDITIONS
Our attorneys are prepared to represent you in any premises liability matter. Whether your injury occurred in a store, restaurant, private residence, or public space, we can handle all aspects of your claim from investigation to resolution.
Premises Liability Lawyers in New Orleans
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Chehardy Sherman Williams’ premises liability lawyers in Greater New Orleans represent individuals injured due to unsafe or hazardous conditions on another person’s property. Our attorneys handle litigation, negotiate settlements, and pursue compensation for injuries sustained. As a top-rated Louisiana premises liability law firm, we provide responsive, results-driven service to help you recover physically and financially.
For more than 30 years, we’ve served clients throughout the Greater New Orleans area, including Metairie and the Northshore. Our experienced premises liability attorneys listen carefully to your story, investigate your claim, and aggressively pursue legal action on your behalf.
What is Premises Liability Law in Louisiana?
Premises liability law is a branch of personal injury law that holds property owners, occupiers, or managers accountable for unsafe conditions that cause harm. In Louisiana, this responsibility applies to both private and commercial property and covers accidents ranging from slip and falls to inadequate security.
These claims are unique because they arise from the condition of land or buildings rather than negligent driving or defective products. If a hazardous property condition caused your injury, you may have the right to seek compensation for medical expenses, lost income, and pain and suffering.
The Duty of Care for Property Owners
Louisiana law requires property owners and occupiers to take reasonable steps to ensure safety. This duty of care exists to protect the public and reduce foreseeable risks. It often includes:
- Conducting regular inspections to identify hazards
- Repairing dangerous conditions such as faulty wiring, broken stairs, or damaged flooring
- Warning visitors about hazards that cannot be fixed immediately
- Maintaining adequate lighting and security in high-risk areas
When owners ignore these responsibilities, they may be liable for the resulting injuries. Our attorneys demonstrate how breaches of duty occurred and fight to hold negligent property owners accountable.
Categories of Visitors and Their Rights
The level of care a property owner owes depends on the visitor’s legal status. Louisiana law recognizes three categories:
- Invitees: Customers, tenants, or others on the property for business purposes. They are owed the highest duty of care, including active inspection and maintenance.
- Licensees: Social guests or those with permission to be present. Owners must warn them of known hazards.
- Trespassers: People without permission. They are generally owed limited duties, though owners cannot intentionally cause harm. Children may be treated differently under the “attractive nuisance” doctrine, which applies when dangerous property features draw them in.
Understanding these categories is essential to determining liability, and our attorneys use them to establish the duty owed in your case.
How Liability Is Proven
In Louisiana, proving liability requires showing that the property owner’s negligence caused your injury. To establish a claim, the following must be demonstrated:
- A dangerous condition existed on the property
- The owner or occupier knew, or reasonably should have known, about the hazard
- The unsafe condition directly caused your injury
- You suffered damages, such as medical bills or lost wages
Our team builds evidence by reviewing medical records, gathering photos and surveillance footage, interviewing witnesses, and consulting experts. This careful preparation allows us to present a strong and persuasive case.
Types of Premises Liability Cases We Handle
Premises liability accidents can occur almost anywhere. At Chehardy Sherman Williams, we represent clients in cases such as:
- Slip and fall accidents caused by spills, uneven flooring, or poor lighting
- Defective property conditions, including broken stairs, handrails, elevators, or escalators
- Unsafe buildings that create fire hazards or structural dangers
- Inadequate security in hotels, parking lots, or apartment complexes that results in assault or robbery
- Falling merchandise or debris in stores, warehouses, or construction zones
Each case requires careful legal analysis. By handling a wide range of claims, our firm has the experience to recognize patterns of negligence and pursue the best path forward.
What to Do After an Injury
The actions you take immediately after an accident can greatly affect your claim. To protect yourself, it’s important to:
- Seek medical attention right away, even for seemingly minor injuries
- Report the incident to the property owner or manager and request documentation
- Photograph or record a video of the hazardous condition
- Collect names and contact details for witnesses
- Consult our premises liability attorneys before speaking extensively with insurers
Following these steps creates a record of events and preserves crucial evidence. Once you’ve done this, our team can step in to handle the investigation and legal process.
Filing a Premises Liability Claim in Louisiana
Pursuing a claim typically follows a structured process. While every case is different, most involve:
- Investigation: Reviewing evidence, inspecting the scene, and speaking with witnesses
- Filing the claim: Submitting a demand to the property owner’s insurer
- Negotiation: Attempting settlement discussions to secure fair compensation
- Litigation: Filing a lawsuit and preparing for trial if a settlement cannot be reached
Louisiana’s statute of limitations for personal injury claims is now generally two years from the date of injury for incidents occurring on or after July 1, 2024. Claims arising before that date remain subject to the prior one-year deadline. Missing these deadlines can bar your claim, so prompt action is essential.
Common Defenses Raised by Property Owners
Insurance companies and property owners often challenge premises liability claims. Common defenses include:
- Asserting that the hazard was “open and obvious”
- Claiming the injured party was trespassing or unauthorized to be there
- Alleging that the victim was partly at fault under Louisiana’s comparative negligence rules
Our attorneys anticipate these arguments and prepare evidence-based strategies to counter them. By staying ahead of the defense, we protect your ability to recover compensation.
Damages in Premises Liability Cases
The aftermath of a premises liability injury can be financially and emotionally overwhelming. Victims may be entitled to recover damages for:
- Emergency medical treatment, surgeries, rehabilitation, and long-term care
- Lost wages and diminished earning capacity if you cannot return to work
- Physical pain, emotional distress, and reduced quality of life
- Disability or disfigurement that creates lasting challenges
Our attorneys calculate damages that reflect both immediate and long-term needs. We then negotiate or litigate to secure results that truly support your recovery.
How Premises Liability Differs From Other Personal Injury Claims
Unlike car accidents or defective product cases, premises liability claims are based on unsafe property conditions. These cases focus on whether the person or entity responsible for the property failed to provide a safe environment. This distinction makes it essential to work with attorneys who know the specific legal standards governing Louisiana property law.
Why Choose Chehardy Sherman Williams
Choosing the right attorney can make all the difference in the outcome of your premises liability case. At Chehardy Sherman Williams, we offer:
- 30+ years of experience representing injury victims in New Orleans, Metairie, and the Northshore
- Proven results in negotiation and litigation
- Personalized service from a responsive team committed to client care
- Deep knowledge of Louisiana law and the local court systems
Our goal is to protect your rights and maximize your recovery while providing the guidance and support you need during this difficult time.
Frequently Asked Questions
How long do I have to file a premises liability claim in Louisiana?
For accidents that happened on or after July 1, 2024, Louisiana law generally gives you two years from the date of injury to file a premises liability claim. If your injury occurred before that date, the old one-year deadline still applies. Because missing these deadlines can bar your claim, it’s important to speak with an attorney as soon as possible.
What evidence is needed to prove a premises liability case?
The most important evidence includes photos or videos of the hazard, witness statements, medical records, and any incident reports created at the time of the accident. Our attorneys will often go further by securing surveillance footage, maintenance logs, or expert testimony to establish how the unsafe condition caused the injury. Since property owners may repair hazards quickly or deny knowledge, gathering and preserving evidence early can make or break a case.
What are the potential outcomes of a premises liability lawsuit?
A premises liability lawsuit may result in a settlement, a trial verdict, or dismissal of the case. Many claims are resolved through negotiated settlements, which can provide fair compensation without going to court. If no agreement is reached, the case may proceed to trial, where a judge or jury determines fault and damages. Each case is different, but having an experienced attorney increases the chance of a favorable outcome.
Can a trespasser ever win a premises liability case in Louisiana?
Yes, a trespasser can sometimes recover damages in Louisiana, but only under limited circumstances. Children may be protected under the “attractive nuisance” doctrine, which applies if something dangerous on the property drew them in. In addition, a trespasser may prevail if the property owner acted with reckless disregard or willful intent to cause harm. These exceptions are narrow, so it’s important to have an attorney evaluate the facts of your situation.
How do I choose the right premises liability attorney?
The right attorney is one with experience, proven results, and strong client communication skills. Local knowledge of courts and laws is also critical to building a strong claim. At Chehardy Sherman Williams, we bring more than 30 years of experience and a reputation for responsive, client-focused service to every case we handle.
Contact a New Orleans Premises Liability Lawyer
Navigating a premises liability claim can be complex, but you don’t have to tackle it alone. Our litigation team investigates the details of your accident, gathers evidence, and builds a strong case to protect your rights and pursue fair compensation.
Whether you’ve experienced a fall, injury, or security breach on someone else’s property, we’re here to help. Contact us today for a free consultation and find out if you have a claim.
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