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New Orleans Personal Injury Lawyer > Blog > Personal Injury > Challenges to Holding a Person or Business Liable

Challenges to Holding a Person or Business Liable


When an injury occurs on someone else’s property, the process of proving a property owner should be held accountable can come with several challenges. You do not have to try and navigate the difficulties associated with establishing liability on your own. There are experts who work on personal injury claims every day, they can guide you through the recovery process.

Often a strong case is built by seeking prompt medical attention, documenting expenses, and consulting with a New Orleans personal injury lawyer as soon as possible. But even if you have not followed best practices, an attorney has the skills to fight for your rights.

Importance of Medical Expense Records

The first priority after sustaining an injury on another’s property is seeking immediate medical attention. Your health and well-being take precedence, and documenting your injuries is crucial for both your recovery and any potential legal claims. Keeping detailed records of medical bills, prescription costs, rehabilitation expenses, and any other related costs serves as concrete evidence of the financial impact of the injury, establishing the basis for seeking compensation.

With the financial impact of your physical injuries established, an attorney will then review paths to holding a responsible party accountable.

  • Lack of notice. Property owners may be held liable if they were aware of a hazardous condition on their premises and failed to address it. That said, if the property owner was unaware of the danger or had no reasonable time to remedy the risk, proving negligence becomes more challenging.
  • Comparative negligence. In some cases, the injured party may share some responsibility for the accident, which can impact the amount of compensation they are eligible to receive. Louisiana follows a comparative negligence system, where the amount of compensation could be reduced based on the injured party’s degree of fault.

Every situation needs to be reviewed individually to determine a strong path forward. For example, if a person slips and falls on a slippery walkway due to wet conditions connected to a sudden storm, holding the property owner liable may be hard to do because the weather change came without warning.

Reviewing Third-Party Responsibility.

If an injury was the result of the actions of a third party unrelated to the property owner, establishing that the owner was liable may not be simple. If a property owner has no reason to anticipate harmful behavior from a specific visitor, they may assert they had no way to know that injuries would be caused by that person.

Depending on the circumstances, you may run into challenges when moving to secure injury compensation. When you need support, turn to a New Orleans personal injury lawyer. Skilled legal professionals will investigate the situation and work to unearth valuable evidence so you can obtain financial relief.

Are you healing from an injury sustained due to dangers on a Louisiana property? The legal team at Palazzo Law Firm will advocate for you as you recover from a New Orleans, Metairie, or Gretna injury. Call 504-433-1442 to schedule your no-cost consultation.

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