by Gertler Law Firm on May 1, 2012
Whether a New Orleans property owner is legally responsible for an injury caused by a dangerous condition on his or her property is governed under Louisiana’s premises liability laws. Under these laws, the degree of care the property owner owes to an individual on the property varies depending upon the person’s reason being there. As a result, why an injured person was on the property can be instrumental in determining whether a personal injury lawsuit may be successfully pursued.
Louisiana law broadly divides individuals who may be on property into three categories: invitees, licensees and trespassers. Each of these categories is owed a different level of care by the property owner. An invitee is a person who has been invited onto the property. This category usually includes business patrons, who are considered to have been implicitly invited onto the property. Property owners owe the highest duty of care to invitees and are required to take all reasonable precautions to ensure their safety.
A licensee is an individual who is on the property with the owner’s consent, but is on the property for their own reasons. This category usually includes social guests on private property. A property owner is required to warn licensees about any hidden dangers on the property, but is not necessarily required to repair these dangers.
Trespassers have no right to be on the property. Generally, property owners have no duty of care to maintain the property for the protection of trespassers. There may be exceptions to this rule, however, when the trespasser is a minor or the property owner is aware that people are likely to enter the property.
Obviously, these categories are very broad, and it helps to have an experienced personal injury attorney examine the specific facts surrounding the presence of the injured person on the property to determine the merits of pursuing a lawsuit against the property owner.
If you have been injured as a result of a dangerous condition on someone’s property, we can answer your legal questions. Please call us at 504-355-0057 or 855-GERTLER.
by Gertler Law Firm on April 24, 2012
When a resident of New Orleans is injured or killed by a firearm – whether intentionally or accidentally – the law greatly constrains the circumstances under which the manufacturer or seller of the firearm may be sued for making or distributing an unreasonably dangerous product. While a personal injury or wrongful death lawsuit may be pursued against the individual who actually discharged the weapon and possibly other parties, the manufacturer and seller will usually be exempt from liability.
While a firearm may appear to have the characteristics necessary to classify it as a dangerous product, the Louisiana legislature has specifically stated in Louisiana Revised Statute 9:2800.60 that the Louisiana Products Liability Act was not designed to impose liability on a manufacturer or seller of firearms for the improper use of a properly designed and manufactured product. The statute further states that the potential of a firearm to cause serious bodily injury, property damage, or death when discharged does not make it defective in design for purposes of imposing liability upon the manufacturer or seller.
Firearms are dangerous by nature. To impose liability upon the weapon’s manufacturer, the claimant in most cases must prove that the firearm had some defect in its design or construction – above and beyond its basic nature – that caused it to be unreasonably dangerous. For example, if a specific firearm had been defectively assembled at the factory, or had a design defect that caused it to accidently discharge, the manufacture may be liable. Such cases are, however, rare.
While firearm manufacturers and sellers can rarely be held liable for firearm injuries, an individual who negligently or intentionally injures or kills another person through use of a firearm may be liable. An experienced personal injury attorney should examine the specific facts surrounding such injuries to determine if a lawsuit is warranted.
If you have suffered a personal injury, we would be happy to answer your questions. Please feel free to call us at 504-355-0057 or 855-GERTLER.
