Businesses exist to help meet needs. They provide not just services to customers, but also employment to workers and stimulation for the economy. As business owners, most people seek to help their community develop and grow through their contributions. These places, whether restaurant chains, lodging developments, retailers, or tourist attractions, become hotspots of interpersonal connection and community.

However, these places can also pose a risk of accident and injury. Any place where there are people is a place where somebody can get hurt, and without preparation, a business could be exposing itself to unnecessary legal risks. This is especially true for small franchises, as there may be more risk factors involved with fewer resources to mitigate them. If you or your franchise is interested in learning more about preventing these risks, consider speaking with an experienced risk assessment lawyer from Business Law Group by calling (504) 446-6506 to schedule an appointment.

What is Premises Liability?

Premises liability is an area of law that pertains to the injury of a person on another individual's property. These cases are based on the idea that the owner of a property is obligated to provide a safe and hazard-free environment on their premises. If another individual is injured due to a neglected hazard, the owner of the property may be held liable for damages. 

This injury could occur anywhere from a slippery sidewalk outside a hospital, a torn carpet in a hotel, or a faulty staircase in a private residence. If the owner of the property is reasonably responsible for preventing or addressing the hazard, the claimant may be owed recompense for their injury. This is specifically pertinent to larger franchise-model businesses that oversee multiple different properties, as there are more opportunities for such accidents to occur.

Duty of Care

The foundational principle of premises liability in Louisiana is found in Duty of Care. A business or merchant in Louisiana is required to take reasonable care to prevent and address any hazards that a guest on their premises may encounter. Essentially, the burden of providing a safe environment and avoiding injury falls on the business owner, not the guest in the establishment. 

This may extend to keeping walkways and aisles clear of obstructions, providing adequate signage to address slippery surfaces or other hazards, and clearing away any spills or items that may pose a threat to individual safety. 

Common Hazards

In a business or mercantile setting, numerous variables must be addressed to provide a safe environment. 

Slips and Falls

According to the National Safety Council, 33% of all nonfatal injuries were caused by slips and falls. This can occur when a liquid is spilled on a walking surface, when floors are newly cleaned, or when slip hazards are not marked with posted signage.

Moving Objects

Another potential hazard is falling, moving, or stationary objects. If an object on a high shelf is not secured properly, it could fall and injure someone. Moving objects like equipment, handcarts, and other transportation devices could collide with a guest resulting in injury. 

For more information on risk assessment and how it impacts franchise businesses, consider speaking with a diligent business attorney from Business Law Group. 

Negligence and Establishing Fault

In the unfortunate event that an individual is injured on a business or franchise's premises, there are steps to be taken to determine which party is liable. Despite Louisiana's duty of care legislature, there may be circumstances in which the injured party is considered negligent instead of the business owner.

Establishing of Duty of Care

The first step in the process of establishing fault is to determine whether or not the situation in question falls under the business' duty of care. If it would be unreasonable for the business owner to prepare for or address this injury, they may not be held liable for damages. Their duty of care extends to preparing for reasonable hazards and addressing pertinent safety concerns, not preventing every imaginable injury.

Proving Negligent Party

The second step is to determine which party was negligent in addressing the safety concern. If the business owner addressed and applied due diligence to prevent injury, they may not be held liable. However, if it is clear that the business had an opportunity to remedy the safety hazard and neglected to, this may become an issue. 

Correlating Injury With Negligence

Third in line is providing a reasonable connection between the business' negligence and the claimant's injury. If the claimant is injured on another person's premises and there is clear evidence of negligence, but there is no evidence that the injury resulted from said negligence, there may not be a case for premises liability.

Confirming Damages Resulting From Injury

However, if there is evidence of duty of care, clear negligence on the property owner, and a connection between the injury and the negligence, the fourth step is to determine the damages resulting from the incident. These damages may be calculated in financial damages such as medical bills, ambulance fees, and missed wages because of injury. However, this may also be calculated in the intangible and emotional damages of decreased quality of life, pain, and suffering.

Preventative Measures

As a business owner, engaging in preventative measures to ensure guest safety and legal compliance can be incredibly beneficial. These preventative measures can include actions such as training employees to address hazards effectively, posting appropriate signage to inform people of dangers, and promoting a culture of safety awareness. 

However, this can also involve measures that take place after the fact of an accident. Clear and detailed incident reporting, utilizing security cameras and footage, and filing the appropriate paperwork can help prevent claims on your business. Having a solid strategy for addressing injuries can be incredibly beneficial, especially for smaller businesses looking to grow in the franchise market.

Statutes of Limitations in Louisiana

Another key factor to consider for injury claims in Louisiana is the unique Statutes of Limitations policy that this state applies. While many personal injury cases resolve with a settlement before ever going to court, should a personal injury case proceed to court in Louisiana it must do so within a year of the original incident. 

While many other states allow for several years between the event itself and the court proceedings, Louisiana has a different policy. If a case is too far removed from the date of the actual injury, the statutes of limitations may apply and the claim may not be valid. 

Frequently Asked Questions

Here are some frequently asked questions on the topic of premises liability.

What Damages Are My Business Liable For in a Personal Injury Case?

The damages that a business is liable for will vary depending on the specifics of the situation and whether or not they are the negligent party. However, if this business was the negligent party and the claimant has suffered damages, the business may be liable to restitute whatever damages the claimant suffered.

What Hazards Fall Under a Business's Duty of Care?

Any hazard that reasonably can and should be addressed to provide a safe environment falls under a business's duty of care. This may include but is not limited to slip hazards in walkways, misplaced hazardous objects, chemical or biological toxins, or faulty and damaged property.

Contact a Louisiana Business Lawyer Today

There are many legal complexities and processes involved in protecting and preventing injuries on business premises. For many growing businesses, especially franchise developments, premises liability can become a large concern that can cost time, effort, and financial resources. To learn more about how to protect your business from liability, consider contacting an experienced business attorney from Business Law Group by calling (504) 446-6506.