Bart Bernard is a highly skilled premises liability attorney who has procured multi-million-dollar settlements and jury awards for his clients. If you have been seriously injured on a business, public or private property, you may be entitled to legal compensation.
A simple trip to the grocery store shouldn’t place you at risk of harm. You should be able to take a walk around your neighborhood without fear of falling down an uncovered manhole or being viciously attacked by someone’s dog. Premises liability law is designed to protect citizens by stipulating that property owners have a legal responsibility to maintain their properties by taking reasonable safeguards to minimize dangers.
Premises liability law states that property owners should exercise “reasonable care” to address potentially dangerous conditions and maintain a safe property. It is a common misconception that simply being present on someone’s property is enough to win a case. Even if a hazard exists, a lawyer must still show that the owner knew – or should have reasonably known – about the unsafe condition and was negligent in failing to take the proper steps to warn his guest or remedy the situation.
“Duty of care” is a type of legal obligation in tort law, defined by common law. There is an implicit responsibility held by all property owners to prevent foreseeable harm to others through the maintenance of their properties. The courts examine many areas of a case, including knowledge of the hazard(s) in question, the possible magnitude of potential harm, the alternatives available, the costs and burdens associated with maintenance, and the conduct taken.
Premises liability cases explored by Bart Bernard include:
Some of the premises involved may include:
A small cut or scrape may not be grounds to file a personal injury lawsuit, but more serious injuries are worth pursuing, such as:
Hazardous situations can come about suddenly and be present anywhere we go. To a certain extent, this is part of living. Objects topple into our path. Water can leak and pool up, causing slippery surfaces. Reasonable people watch where they are going to the best of their ability.
A property owner can be determined “negligent” if:
Liability boils down to common sense. The courts may explore questions like:
Louisiana premises liability law also factors in the plaintiff’s status. A visitor can be deemed:
Once a formal premises liability claim has been filed, the following steps occur:
When premises liability insurance payouts do not cover the cost of your injuries and emotional suffering, Bart Bernard will help you recover rightful compensation. He is fully prepared to argue your case before a jury and hold negligent parties accountable for paying what they owe. Bart Bernard has run his own law firm in his hometown of Lafayette, Louisiana since 1997. He is also a member of the Elite Lawyers of America and the Multi-Million Dollar Advocates Forum.
In Louisiana, you have a one-year statute of limitations to file your lawsuit, so it’s best to consult an attorney as soon as possible to protect your legal rights. Call today to arrange a free case evaluation with Bart Bernard today.
Last modified: March 26, 2018