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.
The sources of evidence in these cases can start with the reports filed by first responders, from police to medical personnel. The subsequent medical reports from the professional who treats the injuries can further substantiate the severity of injuries.
To prove the property owner breached their duty of care, our Baton Rouge premises liability lawyer can look at evidence ranging from video—be it official surveillance footage or private cellphone video. Testimony from witnesses who may have seen the incident can certainly be valuable. Every case is different and counsel for the injured plaintiff needs to diligently pursue all available lines of evidence.
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Russell W. Beall
"Russell W. Beall is a founding partner in the Baton Rouge law firm of Beall & Thies LLC. His main emphasis of practice is on Civil Litigation including Torts, Products Liability, and Premises Liability. Russell is a frequent guest speaker at Louisiana State University Law School where he participates in the Appellate Advocacy Program and the Professionalism Orientation. He earned his B.A. degree at Louisiana State University (1998) and his J.D Louisiana State University Law School (2001). Russell is an active member of the Louisiana Association for Justice and is frequently invited to be a guest speaker at continuing legal education seminars."Read Full Bio
William W. Thies
"William W. Thies was born in Indianapolis, Indiana in 1974 moving with his family to Slidell, Louisiana at seven years of age. Mr. Thies graduated from Slidell High School in 1992. He received his Bachelor of Arts degree with a double major in history and political science from Louisiana State University in 1996 and his Juris Doctorate from the Southern University Law Center in 2001. He was admitted to the Louisiana State Bar Association in May 2002. He is a member of the Baton Rouge, Louisiana, American Bar Associations, and the Louisiana Association of Justice. He is admitted to practice in all state courts, the United States District Court for the Middle and Eastern Districts of Louisiana, as well as the United States Supreme Court."Read Full Bio
"Jacob H. Thomas is originally from the Piney Hills of North Louisiana, known for producing great litigators such as Huey P. Long as well as several other notable statesmen on the both the federal and state levels.Read Full Bio
Jake is a graduate of Jonesboro-Hodge High School and Northwestern State University where he was a member of the Theta Mu chapter of the Kappa Sigma Fraternity, the NSU Presidential Leadership Program, and the Inter-Fraternity Council serving as Vice President."
"Aaron Humphreys joined Beall & Thies, LLC as an associate attorney in the fall of 2016. He was admitted to the Louisiana State Bar Association in May of 2016. Aaron is also a member of the Baton Rouge Bar Association and the Louisiana Association of Justice."Read Full Bio
"George G. Caballero practices general civil law and focuses on plaintiff’s personal injury, wills, and successions. George joined Beall & Thies as of counsel in 2017 after starting Caballero Law Firm in 1993. Mr. Caballero has over thirty years of experience as an attorney and has served clients in various matters ranging from business and tort litigation, business, family law, and successions.Read Full Bio
Mr. Caballero is a native of New Orleans, Louisiana. He is a graduate of Louisiana State University and Mississippi College School of Law. Upon graduation, he immediately went into the private practice of law, practicing in both Louisiana and Mississippi."
Jewel “Trae” E. Welch, III
"Trae is a lifelong resident of the Baker-Zachary area. Trae is the son of The Honorable Judge Duke Welch, currently presiding on the Louisiana First Circuit Court of Appeals, and former East Baton Rouge Councilwoman, Roxson Welch. Trae is married to the former Lynn Caldwell of Tallulah, Louisiana. Together Trae and Lynn are raising their two children Quade and Vivian."Read Full Bio