If you've been injured on someone else's property due to a hazardous condition, you may have a defective premises claim. Proving negligence is necessary to recover damages, and we at Mark W. Smith & Associates, Attorneys at Law, are experts ready to get you the compensation you deserve.

To establish negligence, you typically need to demonstrate four key elements: duty of care, breach of duty, causation, and damages. Let’s explore these in detail.

Duty of Care

Property owners have a legal responsibility to maintain their premises in a reasonably safe condition. This duty varies based on the relationship between the parties. For example, the duty owed to a tenant differs from that owed to a business invitee.

Breach of Duty

A breach of duty occurs when the property owner fails to meet the required standard of care. This might involve knowing about a dangerous condition and failing to warn visitors (such as failure to set up wet floor signs), failing to repair a known hazard in a timely manner, or violating building codes or safety regulations.

Causation

To prove causation, you must demonstrate a direct link between the property owner's negligence and your injuries. This often requires showing that the defective condition was the actual cause of your accident. Expert testimony may be necessary to establish this connection.

Damages

Once you've established the property owner's negligence and its connection to your injuries, you can seek compensation for your losses. Damages in a defective premises case can be categorized into two main types:

• Economic damages can include medical expenses, lost wages, property damage, and costs of hiring assistance with daily tasks.
• And non-economic damages, such as pain and suffering, loss of companionship, and disfigurement.

The amount of damage you can recover will depend on the severity of your injuries, the impact on your life, and the strength of your case.

Building Your Case

Gathering evidence is crucial for a successful defective premises claim. This involves:

• Documenting the accident: Take photos of the hazardous condition, your injuries, and the surrounding area.
• Seeking medical attention: Visiting a doctor establishes a record of your injuries and treatment.
• Gathering witness statements: Obtain contact information from anyone who witnessed the accident.
• Preserving evidence: Keep any damaged clothing, property, or medical records.

You deserve compensation. If you still have questions about defective premises concerns, contact the team at Mark W. Smith & Associates, Attorneys at Law, by calling our Metairie office at 504-224-8388 or contacting us online. We look forward to serving you.