If you are involved in a harmful accident, the stress can be overwhelming. Even more so if the accident was not your fault but was rather caused by the negligence of another party. After managing any medical bills or emotional distress that resulted from the accident, you may be wondering if it is possible to receive compensation. This is a multi-faceted question, and a good place to start is by determining whether premises liability vs. personal liability laws will apply to help compensate the victim.
At Wright Gray, we understand the frustration of being involved in an accident that was not your fault. Because of this, we work tirelessly to ensure that our clients receive the compensation that they deserve. Let us leverage our years of experience in premises liability and personal liability to fight for you. Call us today at 888-912-4944 to get started.
What Is Personal Liability?
Personal liability involves the reckless actions of an individual that result in the wrongful injury or death of another person. Personal liability focuses on the person who hurt you, rather than the place where the injury occurred.
To put this into real-world context, imagine that a person is at a shopping complex. While they are browsing the shelves, another individual comes up and hits them with their shopping cart, causing the person to fall over and injure their head. The person who caused the accident did so because they were responding to a text message and not paying attention to who or what was in front of them. In this case, the person liable for this accident was the individual who hit the other with their cart.
Alternatively, perhaps a caregiver is responsible for supervising another person’s child while they are at work. That caregiver has been given the duty of assuring the safety of the child. One day, the caregiver is distracted when the child wanders off to the pool, located in the backyard of the home. If the child falls into the pool and sustains any injuries, or even dies due to the incident, the caregiver can likely be held responsible due to personal liability.
This is an example of personal liability – an accident that happened due to the negligence or recklessness of another person.
What Is Premises Liability?
Premises liability, on the other hand, refers to an accident that happens due to the physical state of the location or building. This is the crux of personal liability vs. premises liability, as premises liability is concerned with where the injury occurred.
Accidents that fall under premises liability occur because the property was not cared for and resulted in someone becoming injured. Louisiana Revised Statutes §2800.6 states that the owner of a property has the responsibility to “exercise reasonable care” to keep their aisles, passageways, and floors in safe condition so as to prevent injury or death.
Let us return briefly to the shopping complex example. Instead of being hit by a person’s shopping cart, the individual who was browsing the aisles trips over a faulty tile on the floor. This an example of premises liability, where the owner of the building did not maintain their floors properly, and a dangerous or hazardous condition on the property caused the individual to fall and injure themselves.
Premises liability is not limited to faulty floors, however, and other factors may be present to substantiate premises liability, including:
- Failure to secure the property
- Toxic chemical exposure
- Ice-related accidents
- Animal bites
These are merely a few examples of instances that can result in premises liability accidents. In all of these situations, Louisiana courts will determine whether three specific criteria exist to prove a premises liability case.
Proving Premises Liability
Louisiana Revised Statutes §2800.6 states that the person involved in the accident on someone’s property must prove that the following criteria were true to substantiate claims of premises liability:
- The property’s condition created the risk of harm and that risk was foreseeable
- The owner had received notice of the poor condition of the property prior to the accident
- The owner did not exercise “reasonable care” in fixing the poor condition of the property
If all three of these criteria can be proven, then a premises liability case may be viable. If you are wondering whether or not you have a premises liability case, an experienced attorney at Wright Gray can help you understand all of your legal rights and options.
What Damages Can I Claim in Personal Liability Vs. Premises Liability Cases?
Louisiana Civil Code Article 2315 sets forth the damages that can be collected in these instances. Louisiana law cites a few types of compensation that an individual can collect in a liability case:
- Medical costs related to the injury
- Lost wages
- Lost earning capacity
- Pain and suffering
A person’s ability to collect different types of damages stems from the unique factors of their case. Every situation is different and therefore every compensation package will look different as well. Regardless, Louisiana law aims to protect individuals who were harmed due to the negligence of another person.
Can An Attorney Help With Personal Liability Vs. Premises Liability Cases?
If you were harmed in an accident regarding personal liability or premises liability, an experienced attorney can help navigate your specific claim and determine whether you are eligible for compensation. Being harmed at the hands of another person or due to the failed maintenance of a property can be overwhelming, both emotionally and financially.
Wright Gray is a Louisiana personal injury law firm with years of experience in personal injury cases, both personal liability and premises liability. We understand how to navigate these difficult situations and help our clients receive the compensation that they deserve. If you or a loved one experienced injury or death at the hands of another person, do not hesitate to reach out to us at 504-500-0000 to begin the process of holding the right parties accountable.