Louisiana Complaint for Fall On Stairs
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How to fill out Complaint For Fall On Stairs?
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FAQ
Failure to properly clear stairs of snow and ice in the wintertime can make someone liable for an accident that occurs on their steps. Property owners are responsible for clearing their own steps. As long as they're aware that the hazard is present, they can be considered liable.
Fortunately, if the stairs were in violation of a building code or considered to be in a ?dangerous condition?, you can sue the landlord and/or the management company for injuries sustained as a result of falling off stairs.
A premises liability lawsuit holds a property owner responsible for any damages arising out of an injury on that person or entity's property. In all states, owners that occupy a property must make a reasonable effort to maintain a safe environment for visitors to it.
In Louisiana, you may be able to hold a landowner liable for injuries you suffered on their property. The state's premises liability statute, CC Art. 2322, allows you to pursue damages if the property owner or occupier acted negligently, which caused your injuries.
A. A merchant owes a duty to persons who use his premises to exercise reasonable care to keep his aisles, passageways, and floors in a reasonably safe condition. This duty includes a reasonable effort to keep the premises free of any hazardous conditions which reasonably might give rise to damage.
(1) The condition presented an unreasonable risk of harm to the claimant and that risk of harm was reasonably foreseeable. (2) The merchant either created or had actual or constructive notice of the condition which caused the damage, prior to the occurrence. (3) The merchant failed to exercise reasonable care.
Premises liability cases can be confusing because you will often hear the term negligence involved. In general, a premises liability claim is going to be considered a type of negligence claim that arises from a condition on the real property and not from the negligent activity on the property.
Premises liability cases come about when an injury happens on someone's property and is caused by an unsafe or dangerous condition. Premises liability is a type of personal injury case, which means it's based on negligence. Below, we'll cover what a premises liability case and how to know if you have a valid one.