Business owners have often dreamed for years of having their own business, so when it becomes a reality, you are thrilled. The thrill and satisfaction of bringing such a dream to fruition can be dashed in an instant if someone is hurt on your property. The dream itself can be destroyed if that injured party files, and wins, an expensive lawsuit. Fortunately, there are things you can do as a business owner to reduce the chances of a premises liability lawsuit in Louisiana. Whether you are just determining your business formation, have just opened your first location, or are getting ready to open a second or subsequent franchise, our experienced Louisiana business attorneys may be able to assist you in ensuring that your property and business is protected against these types of lawsuits. Call Business Law Group at (504) 446-6506 to schedule a consultation and learn more about our flat fee services for your business's legal needs. 

What Is Premises Liability?

Premises liability is a legal responsibility imposed on the property owner due to injuries caused by unsafe conditions. Slip and fall injuries are the most common, but it may also refer to things like poor building maintenance (resulting in a collapsed ceiling or broken staircase rail), inadequate security, and even a dog bite, if the dog is on someone else's property. The injury does not have to occur inside a building on the property, but can happen anywhere on the property, including sidewalks, stairways, and lawns or gardens. 

Both public and private property owners must maintain a safe environment. Louisiana CC Art. 2322 states that the owner of a building is responsible for the damage caused by its ruin, whether through neglect or through a defect in the original building process, if the owner is shown to have known or should have known through reasonable care, that the owner failed to provide that reasonable care, and that the damage could have been prevented by reasonable care. Additionally, RS §9:2800.6 states that merchants owe the people who frequent their businesses a duty to exercise reasonable care to keep the floors, passageways, and aisles in a reasonably safe condition, including keeping the premises free of any hazardous conditions that might give rise to such damage. This statute also explains what an injured party must prove in order to hold the merchant liable, including that the merchant knew about or should have known about the hazard, that the hazard presented an excessive risk of injury and that the harm was foreseeable, and that the merchant failed to exercise plausible care in remedying the hazard. 

What Is Your Duty of Care as a Property Owner?

The laws require a duty of care, but they do not necessarily state precisely what that means. However, there are some simple and clear things that business owners should do to meet their duty of care, even if they are not specifically named by law. First, property owners must ensure the premises are safe. This means fixing new hazards right away upon being informed of their existence, such as cleaning up spills. If an unsafe condition cannot be fixed immediately, such as a pothole in a parking lot, the property owner must provide clear warnings that would ensure people are aware of the hazard's existence and can easily avoid it. 

One way that property owners can ensure they are meeting their duty of care is to look at the property from the perspective of someone who is not there everyday and thus, familiar with the premises. What things could prevent a hazard to someone who has never been there before? This might include things such as: 

• Boxes in the middle of an aisle

• Loose tiles, carpet, or other flooring

• Leaks

• Loose ceiling tiles

• Uneven pavement on walkways

• Potholes in parking lots

• Holes in the ground in grassy or garden areas

• Broken glass, ceramic, or other sharp objects

What If You Were Unaware of the Hazard?

Louisiana's law requires that the claimant, or injured party, must prove that the condition presented an unreasonable risk of harm and that this risk of harm was foreseeable. They also must prove that the business created or had constructive notice of the condition prior to the claimant's injury and that the business failed to exercise reasonable care. Constructive notice means that the condition existed long enough that the business would have discovered it with reasonable care. 

What all that means is that if a business owner can prove they were unaware of the hazard, they may not be liable for the claimant's injuries. For example, if a person right in front of the claimant spilled a bottle of water and the claimant immediately slipped in the water, the business owner may not be responsible as there would have been no time for them to be made aware of the spill. However, if someone spilled a bottle of water, reported it to a store employee, and then someone slipped in the spilled water three hours later, the business owner would likely be responsible as there was ample time to clean up the water and a store employee was aware of the hazard but did not clean it up. If someone has been injured on your property and you are concerned about premises liability, our skilled business attorneys at Business Law Group may be able to review your case and assist you in determining a course of action. 

Are You Always Liable for Someone's Injuries on Your Property?

Property owners may be concerned that they are responsible for any injury that occurs on their property. However, there are some instances where they are not responsible. In Louisiana, property owners are liable if invitees or licensees are injured. Invitees are those with express or implied permission from the property owner and visits the property for the mutual benefit of the invitee and the property owner, such as a customer in a grocery store or fast food franchise. Licensees are those who do not have express permission to be on the property, but are still there lawfully, such as someone using a gas station bathroom without making a purchase. Property owners are not liable for trespassers unless they are under 18. Trespassers are those who do not have express or implied permission to be on the property and have entered it unlawfully, such as someone breaking in. 

In addition to not being responsible if a trespasser over the age of 18 is injured, property owners are also not liable if the hazard was not foreseeable. If a tree that has shown no signs of instability and was previously healthy falls and hurts someone, this may be considered an unforeseeable hazard and the property owner may not be responsible. Another instance in which a property owner may not be responsible is if the claimant caused their own injuries. If a claimant spilled water and then slipped in it, the property owner may not be responsible if they can prove that the claimant spilled the water. 

How Can You Protect Against Premises Liability Claims? 

As a property owner, the duty of care requires maintaining the property in a safe condition. There are many steps that a property owner can take to not only keep the property safe but also to protect themselves against potential premises liability claims. Some of these steps include: 

• Clean up spills and other hazards promptly: When a hazard is discovered or reported, fix it immediately. If it cannot be fixed immediately, put up signs, safety cones, or other clear, visible warnings of the hazard to ensure people are aware of it. 

• Look for and remedy hazards: Do not simply wait for someone to report a hazard. Walk through the property several times per day, or assign employees to do so, and look for new hazards such as spills, leaks, loose flooring or ceilings, exposed electrical wiring, uneven walking surfaces, dangerous stairs, or broken handrails. 

• Install cameras throughout the property: Security cameras can serve multiple purposes. They may show if a claimant is making a false claim, prove that a hazard did not exist long enough for the property owner to know it existed, or serve as evidence if someone is attacked on the property by someone who is not lawfully on the property. While there are some areas cameras cannot be placed, such as bathrooms, visible cameras in both indoor and outdoor public spaces may deter false claims.

• Create a system for reporting and repairing hazards: While property owners cannot control whether or how customers report a hazard, they can implement a system for how employees handle hazards that they find or that are reported. This system might include a written report that details what the hazard is, where it is located, who found the hazard or took the report, and how the hazard was remedied and by whom. This system may also include instructions on how to handle specific hazards, such as where to find cleaning supplies to clean up spills or who to call to fix bigger hazards such as a leaking toilet or sink. 

• Make plans for repetitive hazards: Some properties are going to have hazards that come up repeatedly. For example, there may be a sidewalk that gets slippery every time it rains. Property owners should first determine if there is a way to permanently resolve the hazard. If there is not, they should make a plan that allows the owner or their staff to remedy the hazard each time it occurs.

How Can a Business Lawyer Assist You?

As a business and property owner, there is a lot of responsibility toward others. Maintaining your property in a safe condition is just one of many things you must handle. Even if you could do it perfectly, there is always the possibility of a missed hazard or a claimant who is not truly injured or caused their own injuries. Working with an experienced Louisiana business attorney at Business Law Group may reduce your risk of a premises liability claim, help you identify hazards, and assist you in taking appropriate steps to protect your business. Call (504) 446-6506 to schedule a consultation and learn more about our flat fee legal services and how we may be able to assist you.