Slip & Fall Attorney in Lafayette
If you’ve slipped, tripped, or fallen on someone else’s property and suffered an injury as a result, you could be eligible for compensation under Louisiana’s premises liability law. Our experienced Lafayette slip-and-fall lawyers can help you get the compensation you deserve.
Premises liability cases involve the area of personal injury law that deals with a property owner’s responsibility for injuries occurring on their property. A property owner is obligated to keep their property free of certain dangerous conditions, whether they own a business, home, apartment complex, grocery store, mall, playground, parking lot, or another space.
To prove a premises liability case, the plaintiff needs to demonstrate that the defendant was negligent in failing to maintain their property, prevent hazards, or properly warn about hazardous conditions on their property. If you’re trying to hold the property owner responsible for your injury to account, contact the slip and fall lawyers with Gordon McKernan Injury Attorneys for the help you need to win.
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What Injuries Are Caused by Slips and Falls?
Slips, trips, and falls can happen just about anywhere there’s a slippery or uneven surface to walk on. Older adults are at particular risk for injuries caused by slip and fall accidents, according to the Centers for Disease Control and Prevention (CDC). The following injuries are common results of slips and falls due to poor property maintenance:
- Concussions or other traumatic brain injuries (TBI)
- Bone fractures or breaks
- Severe sprains or strains
- Spinal cord injury
- Back or neck injury
- Whiplash
- Paralysis
- Emotional trauma such as a fear of falling
These types of injuries can also lead to thousands of dollars worth of medical costs, ongoing therapy, lost wages, loss of future wages, and other expenses. After you’re the victim of a slip and fall injury, you deserve compensation for the damages you’ve suffered. The slip-and-fall lawyers at Gordon McKernan Injury Attorneys can advocate for you to get the money you need to heal from your injuries and move on with your life.
How to Prove Liability After a Slip and Fall
Each slip, trip, and fall case is different, so proving who has liability in your case can be a complicated and delicate process. The owner has the responsibility to keep their property safe against hazards, and visitors to the space have the responsibility to take reasonable care when navigating that space to avoid a fall.
In most slip and fall claims, the plaintiff must prove that they fell due to a dangerous condition and prove that the property owner or manager knows about that condition and failed to rectify it. This dangerous condition must have also presented an unreasonable risk to visitors, that is, a reasonable person would not have anticipated the danger.
When proving that the owner or manager knew of the dangerous condition, the plaintiff must prove one or more of the following:
- The owner or manager, or an employee, created the dangerous condition
- The owner or manager, or an employee, knew of the dangerous condition and neglected to fix it
- The dangerous condition existed for long enough that it should’ve been discovered and corrected prior to your injury
Your case and the compensation you can expect may also be impacted by the type of property you’ve been injured on.
RESIDENTIAL PROPERTIES
Renters who slip and fall may be able to hold their landlord liable for their damages. To do so, they’ll need to prove the following:
- The landlord had control over the condition that caused the trip, slip, or fall
- The landlord could’ve repaired that condition easily
- The landlord should have been able to anticipate injuries that could result from their inaction
- The landlord’s inaction led to the injury
COMMERCIAL PROPERTIES
Visitors and customers of commercial properties, including restaurants, retail stores, and other businesses, can hold the owner or manager of that building liable for their injuries. The plaintiffs in these cases must prove that
- The owner or an employee caused the dangerous condition—a spilled liquid, worn or torn flooring, or other dangerous surfaces—to be underfoot
- The owner or an employee knew about the dangerous condition and failed to repair it
- The owner or employee should have known about the dangerous condition because a reasonable person would have discovered and repaired it
While the third situation here is the most common, it’s also the hardest to prove. A judge or jury will determine what actions a “reasonable person” would have taken in your situation and usually follow common sense.
GOVERNMENT PROPERTIES
In most instances of personal injury law, government entities are immune from normal civil claim rules. Even if you’ve slipped and fallen on government property, you should still call a Lafayette slip and fall attorney to talk about your case, since you could seek compensation from the government in some cases.
How Can Lafayette Slip and Fall Lawyers Help Your Case?
If you have been involved in a slip and fall incident in Lafayette, you may have questions about protecting your rights and seeking compensation. Lafayette slip and fall attorneys provide valuable guidance during this difficult time. Here is how they can help.
- Lafayette slip and fall lawyers have extensive knowledge of Louisiana’s personal injury and premises liability laws.
- A thorough investigation will be conducted to gather evidence and establish liability.
- Your lawyer will identify the parties involved and determine their liability.
- Lafayette slip and fall injury attorneys will negotiate with insurance companies in order to obtain a fair settlement on your behalf.
- If needed, your attorney can start a lawsuit and act as your representative in court.
- They will assess your damages thoroughly.
- Lafayette slip and fall lawyers will make sure to follow the statute of limitations compliance, ensuring your case adheres to Louisiana’s legal time limits.
- You can focus on your recovery while your attorney takes care of the legal matters.
- Personal injury lawyers typically work on a contingency fee basis, meaning there are no fees unless you win.
In 2024, Louisiana law extended the statute of limitations for personal injury claims occurring on or after July 1, 2024, from one year to two years. Any injuries that occurred before July 1, 2024, will still have a 1-year statute of limitation. Learn more about Louisiana’s New Statute of Limitations here.
- 1 year for injuries sustained before July 1, 2024.
- 2 years for injuries suffered after July 1, 2024.
Remember, seeking legal representation is a critical step in pursuing the compensation you deserve following a slip and fall incident in Louisiana.
Experienced Slip and Fall Injury Lawyers Near Lafayette
Trips, slips, and falls tend to catch their victims completely unawares, and can lead to thousands in medical bills, and missed work. What’s more, they can leave you suffering and in pain for months or even years. You deserve an advocate on your side to help you get the compensation you need to heal from your injuries and move on with your life.
Gordon McKernan Injury Attorneys are a Lafayette law firm specializing in slip and fall injury law and helping our clients recover the maximum possible amount. We have 679+ years of combined legal experience helping our clients, plus 679+ years of combined legal experience.
We take pride in recovering over $3 Billion and counting for our clients. Give us a call at 337.545.2395 for a free consultation about your legal options today. If we don’t win your case, you won’t owe us a dime, that’s the G Guarantee!
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Lafayette Slip Injury Lawyer Lawyers
Settlements & Verdicts
$2,200,000
Vocational School Student Burned By Defective Oxyacetylene Torch
Our client, a vocational school student results in burns by a defective oxyacetylene torch.
$1,192,000
Public Works Pick Up Truck Wreck
Client was on her way to work on I-10 when she was rear-ended by a Baton Rouge Department of Public Works pick-up truck. Case settled for nearly $1,200.000.
$109,000
Client suffered bulging disc in back with no surgery
Client was in car accident where the defendant made a left turn in front of her. Client suffered with bulging disc in back with no surgery. Settled at policy limits.
$1,000,000
Big Truck Wreck Causes Multiple Injuries
Our client was involved in a big truck wreck that caused multiple serious injuries. The case resulted in a settlement of $1,000,000.
$7,500
Car crash in Lafayette, Louisiana results in neck and back injuries
Car crash in Lafayette, Louisiana results in neck and back injuries.
$2,000,000
Young boy dove into shallow water at pool, causing paralysis
A young boy was diving into the shallow end at a pool when he was seriously injured suffering paralysis.
$20,000
Neck, Back & Knee Pain After Car Wreck in Central, Louisiana
After a car wreck in Central, Louisiana, our client suffered from neck, back and knee pain.
$2,750,000
Automobile accident results in paraplegia
A serious automobile accident results in paraplegia in our client.
$10,000
Hit and Run Accident in Denham Springs Results in Two Broken Teeth
Our client was involved in a hit and run car wreck in Denham Springs, Louisiana, and suffered two broken teeth.