Slip and Falls in Louisiana

Posted on June 20, 2017 by 008-sc0ttg3g3n167 - Injury, Slip and Fall

In Louisiana, Rain can Make it Easier for You to Slip and Fall if Property Owners Don’t Maintain their Businesses

It rains in Louisiana year-round and while the rain keeps the sugar cane growing, it can sometimes result in injuries for you or someone you know.

Remember to take extra precaution during rainy days and know what you and property owners are responsible for when it’s raining. Caution is required from both sides or slip and fall injuries may be the result.

How Rainy Days Create the Perfect Storm for Slip and Fall Injuries

Frequent rainfall can lead to dangerous walking conditions in Louisiana. Your normal day at the grocery store could lead to an injury if you are not cautious and the store doesn’t take appropriate precautions.

With Louisiana being prone to flooding and water build up in low areas, it is important to watch your step when walking outside. Potholes, uneven stairs, and cracked sidewalks can all be hidden or forgotten when it’s raining. Remember to tread carefully when it’s raining to avoid an accident.

Walking indoors can be just as dangerous. Water is tracked into stores and businesses regularly during downpours. With wet shoes and dripping umbrellas, floors can easily become a hazard. Be careful when walking on slippery, wet floors.

Responsibility to Prevent a Slip and Fall Accident

Avoiding a slip and fall accident is a joint effort from both you and the owner of the property you are on.

You have a responsibility to avoid obvious dangers that can put you at risk for injury. For example, if you see that a floor is wet, you cannot purposely walk through the wet area and expect it to be the property owner’s fault when you are injured. If you see a wet floor and decide to walk through it then you accept the risks and outcomes that may occur as a result of your decision. You must act as a reasonable, prudent person and avoid putting yourself at risk.

A property owner’s responsibility comes in when addressing the maintenance of the property. Landowners are expected to keep their property in good shape and to fix problems that could cause injuries. Stores and restaurants should also take active measures to protect their patrons from falling on a wet or slippery surface.

Louisiana law on this subject states that a property owner is responsible for damage caused by his or her property if it is a result of neglect. If the owner of a property knows or should have known about a broken step or loose handrail and refused to fix it, then they will likely be responsible for any resulting injuries.

During the rainy Louisiana days, remember to be extra careful when walking so you avoid a slip and fall accident. If you do slip and fall and believe the property owner is at fault, call Scott T. Gegenheimer. He will help you get the compensation you need to heal from your injuries.

This site is intended purely as a resource guide for educational and informational purposes and is not intended to provide specific legal advice. Any information provided on this site should not be used as a substitute for competent legal advice from a professional attorney in your state. The use and receipt of the information offered on this site is not intended to create, nor does it create, an attorney-client relationship. The content of an e-mail sent to Scott T. Gegenheimer Attorney at Law or any of its attorneys will not create an attorney-client relationship and will not be treated as confidential.

Dog Leash Laws of Louisiana

Posted on April 20, 2017 by Information - Dog Attack

On a typical day, it is rare to see dogs running down the street unsupervised and at large. While we do encounter a stray or come across our neighbor’s dog that escaped a fenced yard every once in a while, we normally walk freely down the street with few encounters with unleashed dogs. This is largely due to the laws most states, including Louisiana, have in place that prohibit dogs from being out in public without restraint.

Louisiana Leash Laws Protect You and Your Property

Louisiana Leash Law

The State of Louisiana has very specific laws for the protection of its citizens. It is expected that dogs and cats, as well as other domestic animals, will be restrained in some way. Specifically for dogs, the Louisiana law states, “No person shall suffer or permit any dog in his possession, or kept by him about his premises, to run at large on any unenclosed land, or trespass upon any enclosed or unenclosed lands of another.” This means that an owner of a dog cannot at any time, legally allow his or her dog to run freely across your property.

Individual cities require further standards and define what is needed for owners to maintain dogs in their possession. Baton Rouge’s Code of Ordinances defines an “at-large” animal to be any dog that is not on the owner’s property or on a leash less than six feet long.. Other cities and parishes require different criteria for the restraint of animals. Be sure to check your parish’s laws.

What Happens if a Dog is at Large

While there are laws put in place that help prevent dog owners from allowing their pets to run freely, it frequently occurs. When dogs escape their owner’s notice, you may encounter a difficult and sometimes dangerous situation, with an unrestrained dog. Louisiana’s State Legislature has put statutes into place that protect you. One such statute states that any citizen or officer may seize a dog that is trespassing on a public or private property when not accompanied by its owner. Citizens and officers may also protect themselves from vicious dogs under this statute without the risk of being liable for damages done to the animal. These statutes protect you and your right to defend yourself and your property from dogs at large.

Baton Rouge Parish has enacted ordinances to protect citizens and their property from dogs that are roaming unsupervised. One ordinance states that the owner of any dog roaming at large is responsible for actions and damages caused by the animal. The damages and actions could include threatening, biting, or attacking citizens or other animals on the public or private property. We can help locate ordinances in your city or town.

Knowing the leash laws in Louisiana and your parish will help you better understand your rights when it comes to dogs roaming your neighborhoods. Call Scott T. Gegenheimer when you are unsure of your rights or what you are entitled to when a dog attacks you, your pet, or trespasses on your property.

This site is intended purely as a resource guide for educational and informational purposes and is not intended to provide specific legal advice. Any information provided on this site should not be used as a substitute for competent legal advice from a professional attorney in your state. The use and receipt of the information offered on this site is not intended to create, nor does it create, an attorney-client relationship. The content of an e-mail sent to Scott T. Gegenheimer Attorney at Law or any of its attorneys will not create an attorney-client relationship and will not be treated as confidential.

Dog Bite Law in Louisiana

Posted on September 8, 2015 by Information - Dog Attack, Dog Bite

Louisiana is one of many states that have adopted a strict liability statute concerning dog bite injuries. This statute places greater liability on the owner of animals and offers more protection and compensation for victims of dog attacks. It also requires that specific rules be followed in cases concerning dog bites. The defendant, or the owner of the dog, is held liable when certain events occur.

“Art. 2321. Damage caused by animals

The owner of an animal is answerable for the damage caused by the animal. However, he is answerable for the damage only upon a showing that he knew or, in the exercise of reasonable care, should have known that his animal’s behavior would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nonetheless, the owner of a dog is strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person’s provocation of the dog. Nothing in this Article shall preclude the court from the application of the doctrine of res ipsa loquitur in an appropriate case.

Acts 1996, 1st Ex. Sess., No. 1, §1, eff. April 16, 1996.”

Basically, the statute states that if the bite could have been prevented by the owner, then the owner is liable, regardless of whether the owner was present during the incident or not.

Also, what the owner knew or did not know about their dog previous to the bite is irrelevant to the incident. Even if the dog has no history of being violent or has a long history of being violent and the owner has not taken adequate precautions to ensure the safety of others, then the owner is still liable for the injury.

The victim of the dog attack needs to consider two stipulations of the statute that may affect whether they have a case or not.

Whether the victim was legally allowed at the location where the bite occurred and
Whether the victim provoked the dog into attacking

While these stipulations may affect whether you have a case or not, you should always consult a lawyer. The dog bite laws in Louisiana are very protective of the victim of incidents and if you or someone you know was bitten by a dog, you should talk to someone who can help you recover from and be compensated for your injuries.

This site is intended purely as a resource guide for educational and informational purposes and is not intended to provide specific legal advice. Any information provided on this site should not be used as a substitute for competent legal advice from a professional attorney in your state. The use and receipt of the information offered on this site is not intended to create, nor does it create, an attorney-client relationship. The content of an e-mail sent to Scott T. Gegenheimer Attorney at Law or any of its attorneys will not create an attorney-client relationship and will not be treated as confidential.

Where Does Your Compensation Come From After a Dog Attack?

Posted on August 4, 2015 by Information - Dog Attack, Dog Bite, Injury, Insurance

You are finally safe after being attacked by that strange dog that was wandering through your neighborhood. You’ve sought medical attention, reported the incident, and contacted an attorney, but now you’re wondering how you can pay for those medical bills. So where exactly does your compensation come from?

The Insured

Even though Louisiana has a strict liability statute and the owner is technically liable for damages, the dog owner’s insurance company will most likely pay for the medical bills you’ve incurred. In fact, according to the Insurance Information Institute, more than one-third of homeowner’s insurance claim dollars in 2014 were paid out due to dog-related injuries. Whether it is homeowner’s, renter’s, landlord’s, motor vehicle or other types of insurance, you generally won’t have to pay for your medical bills if the owner is insured.

The Uninsured

Some insurance companies will only pay up to a certain dollar amount or they might only cover certain dog breeds. If you find yourself attacked by a dog that is not covered by the dog owner’s insurance or you go over the dollar limit, don’t panic. In the case that the insurance is inadequate or even non-existent, the owner of the dog is responsible for paying for damages with their own money.

Many dog bite lawsuits will never reach court because the dog owner’s insurance company or the owner will settle them before it reaches that point. Finding an attorney with a background in dog attack cases, whether it reaches court or not, will help ensure you are fully compensated by insurance companies or the dog owner for all your injuries.

This site is intended purely as a resource guide for educational and informational purposes and is not intended to provide specific legal advice. Any information provided on this site should not be used as a substitute for competent legal advice from a professional attorney in your state. The use and receipt of the information offered on this site is not intended to create, nor does it create, an attorney-client relationship. The content of an e-mail sent to Scott T. Gegenheimer Attorney at Law or any of its attorneys will not create an attorney-client relationship and will not be treated as confidential.

Tagged: Louisiana Law