Baton Rouge Premises Liability Lawyers 

Property owners, both residential and commercial, have a responsibility to ensure their grounds are reasonably safe for visitors. When owners fail in this responsibility and an injury or death results, they can be held accountable. Our Baton Rouge premises liability lawyers can help injured plaintiffs fight for a fair financial settlement. 

The legal team at Beall & Thies has over a century of combined experience at investigating, negotiating, and litigating personal injury cases. Call today at (225) 577-6223 or contact us online for help with your premises liability lawsuit.

Types of Visitors in a Louisiana Premises Liability Case

The first issue that must be addressed is why the injured plaintiff was on the property and whether they had a right to be there. Louisiana law has three different classifications of visitors…

• Invitees: This is a person who is invited onto the premises, and is therefore owed a high duty of care by the property owner. This includes people who are directly invited—such as the guests at a house party. It also includes those whose invitation is implied. The customers at a grocery store don’t need a direct, personalized invitation to come in and shop. When a business opens its doors, the people who come in to shop or browse are considered to be invited. 
• Licensees: A licensee doesn’t have an invitation, either express or implied, to come onto the premises, but they still have a legal right to be there. A postal carrier might be the most common form of licensee. It should be noted that salespeople and activists who go door-to-door are also licensees, although in this case, a “No Trespassing” sign is enough to remove that designation. 
• Trespassers: The last type of visitor is the one who has no legal right whatsoever to be on a property. Generally speaking, there is no duty of care owed to a trespasser. A property owner certainly isn’t going to be held accountable for the person who slipped and fell while committing a burglary. But property owners must be aware that if trespassers are under the age of 18, there are conditions where liability might attach. 

The Attractive Nuisance Doctrine

Louisiana law recognizes a concept called the attractive nuisance. This is something that would tempt a person who doesn’t know better to come onto a property they otherwise have no right to be on. If the property around the attractive nuisance is not properly maintained and injuries or death result, the owner can still be held liable in a premises liability lawsuit. 

A prime example of an attractive nuisance is a swimming pool. If a  seven-year-old that makes their way to an unattended and unguarded pool and falls in, the property owner can be sued by the parents. Another example would be a construction site. Children might find this an attractive place to play and if the site is not secured, the contractor can be held liable for injuries or deaths that occur. 

A Baton Rouge premises liability attorney can seek to establish attractive nuisance by demonstrating that the condition which existed was dangerous and that it would look attractive to a minor who was too young to be reasonably expected to be aware of that danger. Furthermore, the area around the attractive nuisance must have been left unsecured when it was, in fact, reasonable and practical to take appropriate precautions. If all of these elements can be proven to a court, then liability exists. 

Experienced Lawyers You Can Trust

Beall & Thies has spent over 20 years doing the detailed legal footwork it takes to secure fair settlements in premises liability cases. Our attorneys have combined experience that exceeds 100 years. Put our experience in your corner. 

Winning a premises liability lawsuit is not easy, but it can be done with hard work, attention to detail and vigorous advocacy for the injured plaintiff. That’s what we pride ourselves on at Beall & Thies. Call today at (225) 577-6223 or fill out our online contact form to set up a free consultation.