What Is the Statute of Limitations for a Premises Liability Case in Louisiana?
What Is the Statute of Limitations for a Premises Liability Case in Louisiana?
Premises liability accidents can happen anywhere—grocery stores, apartment complexes, parking lots, or private homes. When someone is injured due to unsafe conditions on another person’s property, Louisiana law allows them to pursue compensation. However, these claims are subject to strict deadlines. Understanding the statute of limitations is critical, especially for Baton Rouge residents considering legal action after an injury.
Understanding Premises Liability Claims in Louisiana
A premises liability case arises when a property owner or occupier fails to maintain reasonably safe conditions, leading to someone else’s injury. Common examples include slip and fall accidents, broken stairs, poor lighting, or hazardous spills. Property owners in Louisiana have a duty to address
known dangers and, in some cases, inspect their property to identify potential risks.
To recover compensation, an injured person must generally show that the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to fix it or warn visitors.
Louisiana’s Statute of Limitations for Premises Liability Cases
In Louisiana, premises liability claims fall under personal injury law. The statute of limitations for these cases is one year from the date of the accident.
This deadline is established by Louisiana Civil Code Article 3492, which governs delictual (tort) actions.
This one-year period is significantly shorter than in many other states. If a lawsuit is not filed within this timeframe, the injured party typically loses the right to pursue compensation, regardless of how strong the claim may be.
Why Acting Quickly Matters
Because Louisiana’s deadline is so short, delays can seriously impact a case. Evidence may disappear, witnesses’ memories may fade, and surveillance footage may be erased. Acting promptly allows time to investigate the accident, identify responsible parties, and build a solid claim before the legal window closes.
Possible Exceptions to the One-Year Deadline
While the one-year statute of limitations applies to most premises liability cases, limited exceptions may exist. For example, the deadline may be affected if the injured person is a minor or if the injury was not immediately discoverable. These situations are highly fact-specific and depend on how Louisiana law applies to the circumstances.
Legal Help for Baton Rouge Premises Liability Claims
Navigating a premises liability claim involves more than just knowing the deadline. Issues such as liability, evidence, and damages all play a role in the outcome of a case. At Schmolke Law Firm, we can provide legal assistance to the Baton Rouge public by helping injured individuals understand their rights and take timely action under Louisiana law.
