PERSONAL INJURY Protecting the Injured for Over 30 years
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Premises Liability Attorney in New Orleans
Put More than 30 Years of Trial-Level Personal Injury Experience on Your Side
Our premises liability attorneys in New Orleans represent people injured because of unsafe property conditions, negligent security, or another preventable hazard. Our firm, Womac Law Firm, was founded by Edward J. Womac, Jr. and brings more than 30 years of trial-level personal injury work to these claims.
Premises cases often turn on the specific hazard, who owned or controlled the property, whether that party knew or should have known about the condition, and whether it caused the injury. We represent people facing consequences that range from temporary limitations to catastrophic injuries requiring extensive medical care and long-term support.
Contact Womac Law Firm today or call us at (504) 470-3935 for a free and confidential consultation about your legal options.
Unsafe Property Conditions in New Orleans
Premises liability claims can arise at commercial properties, apartment complexes, hotels, restaurants, bars, grocery stores, parking facilities, private residences, and public property. Wet surfaces, uneven walkways, broken stairs, loose railings, poor lighting, falling objects, inadequate security, and unsafe common areas are among the conditions that can cause serious harm.
More than one party may share responsibility for a dangerous condition. Depending on who controlled the property and the work being performed, a claim may involve an owner, tenant, landlord, property manager, maintenance contractor, security provider, merchant, or public property custodian.
Identifying the correct parties may require reviewing leases, management agreements, cleaning schedules, repair records, inspection documents, and security policies. Claims filed in Orleans Parish may proceed through the Orleans Parish Civil District Court, although the proper venue and procedures depend on the parties and facts involved.
Louisiana Premises Liability Laws & Notice Requirements
Louisiana applies different legal standards according to the property, hazard, and responsible party. We evaluate whether a property owner, business, manager, custodian, or another party contributed to the injury and what evidence is necessary under the applicable law.
Defective Property under Article 2317.1
Louisiana Civil Code article 2317.1 addresses damage caused by the ruin, vice, or defect of a thing in an owner’s or custodian’s control. A claimant generally must establish that the responsible party knew or should have known about the defect, reasonable care could have prevented the damage, the party failed to exercise that care, and the defect caused the injury.
Actual notice means evidence that a responsible party knew about the condition. Constructive notice concerns whether the condition existed under circumstances that support finding the party should have discovered it through reasonable inspection or care.
Merchant Liability under Statute 9:2800.6
Louisiana Revised Statutes 9:2800.6 applies specific requirements to certain fall claims against merchants. The injured person generally must prove that the condition presented an unreasonable and reasonably foreseeable risk, the merchant created the condition or had actual or constructive notice of it, and the merchant failed to exercise reasonable care.
The analysis can differ for a grocery store, rental property, private residence, hotel, restaurant, or public property. Louisiana comparative responsibility rules may also affect a claim if fault is assigned to more than one party, including the injured person.
Personal Communication throughout Your Claim
At Womac Law Firm, we treat every client with care, respect, and personal attention. We understand the stress that often follows an injury, and we keep communication clear so you know what to expect throughout your case.
Our team takes time to understand how your injuries affect your daily life, work, and family responsibilities. We answer questions in plain language, help you understand each stage of the claim, and stay in regular contact so you aren’t left wondering what happens next.
We also support clients in practical ways by gathering records, responding to questions about insurance paperwork, and coordinating with medical providers when needed. With offices in New Orleans, Gretna, and Mandeville, we offer in-person, phone, and video meeting options to make the process more manageable. We represent injured people, not insurance companies.
Trial-Level Preparation for Premises Liability Claims
We combine personal attention with thorough case preparation. Our firm has represented more than 40,000 personal injury victims and recovered millions of dollars for clients across many types of personal injury cases.
Our attorneys investigate claims, communicate with insurers, negotiate on behalf of clients, and prepare cases for court when needed. We use mock juries and rigorous trial preparation so we’re ready to present the evidence if a claim doesn’t settle.
That preparation remains grounded in the client’s individual circumstances. We document how the injury affects medical needs, income, mobility, daily activities, and family responsibilities while keeping clients informed about the decisions ahead.
How We Investigate an Unsafe Property Claim
Our New Orleans premises liability lawyers build a case by collecting evidence that can show how the injury happened, who was responsible, and how the incident affected your life. We start by reviewing your account, injuries, and medical treatment, then gather incident reports, photographs, medical documentation, available surveillance footage, and witness information.
This evidence may help establish what the hazard was, how long it existed, who knew or should have known about it, and whether a warning or repair was possible. Because property conditions can change and surveillance video may be overwritten, prompt preservation efforts can be important.
We may inspect the property and review maintenance, repair, inspection, cleaning, and security records. When the facts require additional analysis, we may consult engineers, safety professionals, or other qualified outside professionals about the condition and how it developed.
Our investigation also identifies property owners, businesses, managers, custodians, contractors, and other parties who may have responsibility. We handle insurance communications and organize medical records, bills, wage documentation, and information about physical limitations for settlement discussions or court proceedings.
Types of Premises Liability Cases We Handle in New Orleans
These cases include:
- Slip and fall accidents
- Trip and fall accidents
- Wet floor and slick surface injuries
- Uneven sidewalks and broken walkway accidents
- Stairway and broken step injuries
- Elevator and escalator accidents
- Parking lot and parking garage injuries
- Inadequate security claims
- Apartment complex accidents
- Hotel and motel injury claims
- Restaurant and bar accidents
- Grocery store and retail store injuries
- Dog bite injuries
- Falling object injuries
- Hazards in entryways, common areas, and other high-traffic spaces
- Claims involving poor maintenance, delayed repairs, or unsafe property conditions
The legal theory and responsible-party analysis can vary by incident. For example, an unsafe stairway may involve an owner or maintenance company, while inadequate security may require scrutiny of property management and security practices.
What to Do after an Injury on Someone Else’s Property
Prompt documentation can matter if the property condition changes, surveillance footage is overwritten, or witnesses become difficult to locate.
Important steps include:
- Seek medical attention as soon as possible and have your injuries documented by a medical professional.
- Take photos or video of the hazard, the surrounding area, and your injuries.
- Make notes about lighting, weather, and any unsafe conditions.
- Report the incident to the property owner, manager, or security staff.
- Ask for a copy of any written incident report.
- Keep the shoes and clothing you were wearing at the time of the injury.
- Collect names and contact information for any witnesses.
- Save medical records, bills, discharge papers, and proof of missed work.
- Avoid giving detailed statements to insurance companies before getting legal advice.
- Speak with a premises liability attorney to understand your rights and next steps.
Frequently Asked Questions
How Long Do I Have to File a Lawsuit?
For most Louisiana personal injury claims arising on or after July 1, 2024, the general prescriptive period is now two years from the date the injury or damage is sustained, not one year. Because deadline rules can vary depending on the facts, parties, and applicable exceptions, acting quickly is still important.
What Compensation Can a Premises Liability Claim Include?
Compensation may include medical expenses, lost income, pain and suffering, and other losses tied to the injury. The amount depends on the seriousness of your injuries, how the incident affected your work and daily life, and the strength of the evidence showing responsibility. Louisiana law doesn’t set a fixed payout for these cases, so compensation varies case by case.
Discuss Your New Orleans Property Injury with Our Team
At Womac Law Firm, we review the facts of your incident, answer your questions, and explain what to expect during the claims process. An early case review can also help identify evidence that should be preserved and deadlines that may apply.
Our team handles premises liability claims involving unsafe conditions, negligent security, and other preventable hazards. We can explain the potential responsible parties, how claims may proceed in Orleans Parish, and what categories of compensation may be available. There’s no obligation to move forward after the initial conversation.
Call us today at (504) 470-3935 for a free consultation about your premises liability case.