Understanding Premises Liability: What Makes a Property Owner Responsible for Injuries?
At the Law Office of Bruce C. Betzer, we represent people who have been injured due to unsafe conditions on someone else’s property.
These cases fall under what’s called premises liability, and they make up a significant part of our personal injury practice. Louisiana law holds property owners responsible when they fail to keep their spaces reasonably safe, and someone gets hurt as a result.
Premises liability cases can involve many different situations—slip and falls, broken stairs, poor lighting, unsafe walkways, falling merchandise, or even negligent security.
The key legal question in these cases is whether the property owner acted with reasonable care to prevent injury. When they don’t, we step in to protect the rights of those who were harmed.
We understand how unexpected and frustrating these injuries can be. A trip to the grocery store, an evening out, or even visiting a friend shouldn’t end with a trip to the hospital. Louisiana law gives us a path to seek justice when a property owner fails to act responsibly, and someone suffers a personal injury as a result.
Legal Standards for Premises Liability in Louisiana
Under Louisiana Civil Code Article 2317.1, a property owner can be held liable for damages caused by the condition of their property if three things are shown: the condition presented an unreasonable risk of harm, the owner knew or should have known about it, and they failed to fix it in a timely manner.
In a personal injury case, we focus on proving these elements with real evidence—photos, witness statements, incident reports, and medical records.
Louisiana doesn’t require that every property be flawless, but it does require that owners maintain their spaces with reasonable care. That means identifying hazards and addressing them before someone gets hurt.
If a grocery store knows its freezer leaks and doesn’t fix it, or a landlord knows about a loose step but ignores it, that inaction can lead to liability if someone gets injured.
We also look at what the injured person was doing at the time. Under Louisiana law, an owner owes a greater duty of care to people who are lawfully on the property—like guests, customers, or tenants.
If someone is invited or allowed onto the property, they have a right to expect that the space won’t contain hidden dangers or poorly maintained conditions.
Common Hazards That Lead to Injury
Our personal injury clients often come to us after suffering a fall caused by wet floors, uneven pavement, broken handrails, or loose carpeting. These may sound like minor problems, but the injuries they cause can be devastating—broken bones, concussions, back injuries, and more.
Other injuries happen in stairwells with poor lighting or at apartment complexes with inadequate security. We’ve also seen cases involving falling ceiling tiles, debris left in walkways, or poorly maintained elevators.
In every situation, we look closely at whether the property owner had reason to know about the danger and whether they took reasonable steps to fix it.
These aren’t just accidents—they are preventable situations that often occur because someone cut corners or ignored maintenance. When someone suffers a personal injury as a result, we step in to demand accountability and compensation.
Proving What the Owner Knew
One of the most important parts of any premises liability case is proving that the owner either knew or should have known about the dangerous condition. Louisiana law allows us to hold them accountable even if they claim they didn’t have actual knowledge—as long as we can show that they should have known.
For example, if a spill in a store stays on the floor for hours and no one cleans it up, the store can’t claim ignorance. If there were complaints about a broken stair but the landlord never got around to fixing it, that’s not a defense. Property owners are responsible for inspecting and maintaining their spaces.
In every personal injury case we handle, we dig into maintenance records, surveillance footage, witness accounts, and prior complaints. Our goal is to uncover how long the condition existed and whether the owner made any effort to fix it—or chose not to.
How Liability Shifts Based on the Visitor’s Status
Louisiana law makes a distinction between different types of visitors to a property. Invitees and licensees—like shoppers, tenants, delivery workers, or guests—are owed a duty of reasonable care. Property owners must take active steps to keep the area safe for these people.
On the other hand, trespassers are generally not owed the same duty of care. But there are exceptions, especially when children are involved. If a property contains an attractive nuisance—like a pool, trampoline, or abandoned structure—the owner may still be held liable for a child’s injury, even if the child wasn’t invited onto the property.
We examine each case based on who was injured, why they were there, and what the owner knew about the condition of the property. It’s not always straightforward, but Louisiana law provides the tools we need to bring a strong personal injury case forward.
Medical Evidence and Ongoing Harm
In any premises liability case, the injury must be more than just minor discomfort. We work with clients who’ve suffered serious harm—injuries that disrupt their lives, keep them from working, and require ongoing treatment. We make it a priority to document every aspect of the harm they’ve endured.
That includes emergency room visits, surgeries, physical therapy, lost income, and even emotional distress. A fall may cause not just physical pain, but also anxiety and a fear of returning to public places. These are all part of a personal injury claim, and we fight to recover damages that reflect the full scope of the injury.
We often see insurance companies offer quick settlements before the full extent of the harm is clear. We advise against accepting these offers until a full medical evaluation is complete. Once a claim is settled, it’s usually final, and we want to make sure our clients are compensated for all present and future consequences of their injury.
Why Timing Matters in These Cases
Like all personal injury claims in Louisiana, premises liability cases are subject to a one-year prescriptive period. That means you only have one year from the date of the injury to file a lawsuit. If you miss that deadline, your right to compensation may be lost entirely.
That’s why we urge people to speak with us as soon as possible after an injury. The earlier we begin our investigation, the better. Evidence disappears, cameras are erased, and witnesses move away. Acting quickly gives us the opportunity to preserve the facts and build a strong case.
Even if you’re unsure about whether the property owner was at fault, it’s worth having a conversation. We review the facts of each case carefully, and we give honest feedback about whether Louisiana law supports a personal injury claim. There’s no pressure and no charge for an initial consultation.
Seeking Justice After a Preventable Injury
At the Law Office of Bruce C. Betzer, we fight for those who’ve been hurt by someone else’s carelessness.