New Orleans Premises Liability Lawyer
Orleans Parish is a place where a fall on a cracked sidewalk, a collapsed balcony, or a dark apartment stairwell can turn into a claim against a property owner, a landlord, a management company, and an insurer who each point at someone else. Cases like these are filed in the Civil District Court for Orleans Parish, and appeals from them go to the Louisiana Fourth Circuit, which covers Orleans, Plaquemines, and St. Bernard parishes. Lunsford, Baskin & Priebe PLLC represents injured people in Mississippi and Louisiana, and as a New Orleans premises liability lawyer team, we handle claims where unsafe property conditions caused serious harm.
The legal question is rarely whether you fell. It is whether the owner knew, or should have known, about the hazard and failed to fix it or warn people. That means building proof: who controlled the property, how long the danger existed, what inspections were done, and what the medical records show about the injury. Louisiana’s fault rules have also tightened for newer claims, which makes early, careful case building more important than it used to be.
Why Choose Lunsford, Baskin & Priebe for a Property Hazard Injury Claim
Lunsford, Baskin & Priebe PLLC is a Mississippi and Louisiana injury firm whose lawyers bring over 75 years of combined experience, and the firm has recovered more than $100 million in settlements for clients. Those same skills carry directly into a premises case, and the firm also represents people in personal injury, premises liability, car and truck accident, and wrongful death matters across both states.
Rob Lunsford, Founding Partner, has spent his entire legal career representing injured workers. Brad Baskin and Jennifer Priebe, both Partners, have been recognized by Best Lawyers, Super Lawyers, and The National Trial Lawyers, and the firm was ranked by Best Law Firms for Workers’ Compensation Law, Claimants, in Jackson. Andrew Rueff has successfully tried dozens of jury and bench trials to verdict and has argued personal injury and insurance cases before state appellate courts. Keaton Belk and Erin Heimlicher round out the attorney team.
Results matter more than adjectives. The firm secured $685,000 for a surgical tech with a lower back injury, $600,000 for a construction worker with a complex back injury, $385,000 for a project manager with back injuries after being struck in his work vehicle, and $221,000 for a land-based oil rig worker with severe burns. Back, burn, and orthopedic injuries are the same kinds of harm that fall hazards and unsafe premises produce. Clients describe a team that listens, communicates, and stays with them through the process. Consultations are free, the firm advances case costs, you pay nothing unless there is a recovery, phones are answered 24 hours a day, and Hablamos espanol.
Common Property Hazards That Lead to Premises Claims in Orleans Parish
- Slip and Fall in Stores, Restaurants, and Hotels: Spilled liquids, freshly mopped floors with no warning sign, torn mats, and wet entryways during heavy rain are frequent causes. The key issue is whether employees knew about the spill or whether it sat long enough that they should have found it.
- Uneven Sidewalks and Walkways: Tree roots, broken slabs, and deteriorated pavement are familiar sights in older New Orleans neighborhoods. Responsibility can fall on a private owner, a business, or a public body, and claims against public entities carry their own notice and procedural rules.
- Balcony, Gallery, and Staircase Failures: Many older buildings have wood balconies, exterior stairs, and railings that rot over time. When a structure gives way, the questions are maintenance history, inspection records, and who had authority to make repairs.
- Negligent Security: Poor lighting, broken gates, missing cameras, and ignored crime reports in parking lots, apartment complexes, and bars can expose owners to liability when a foreseeable assault happens on their property.
- Apartment and Rental Property Defects: Rotted flooring, faulty wiring, unsafe handrails, and mold or water damage injure tenants and guests. Landlords and property managers often blame each other, so we trace who owned, leased, and controlled the premises.
- Construction Sites and Commercial Property: Open holes, unmarked trip hazards, falling objects, and poorly protected work zones injure visitors, delivery drivers, and workers. If you were hurt while on the job, a workers’ compensation claim may run alongside a claim against a third party who controlled the site.
- Swimming Pools, Parking Garages, and Event Venues: Missing barriers, slick surfaces, broken lighting, and overcrowded or poorly maintained facilities create serious injury risks in a city built around tourism and large gatherings.
- Dog Bites and Other Hazards on Private Property: Some injuries come from conditions or animals the owner failed to control. Each carries its own proof requirements under Louisiana law.
What to Do After Getting Hurt on Someone Else’s Property
Get medical care first and tell the provider exactly how the injury happened. Gaps between the incident and treatment give insurers room to argue the injury was minor or came from somewhere else. Report the incident to the owner or manager, ask that an incident report be written, and request a copy. Do not give a recorded statement to the property’s insurer before you understand your position.
Document the scene while it still looks the way it did. Photograph the hazard, the surrounding area, lighting, signage, and your footwear. Get names and contact details for witnesses and employees. Keep the shoes and clothing you wore. Save every medical record, bill, and pay stub. Hazards get repaired quickly, and surveillance video is often overwritten on a short cycle, so a prompt written request to preserve evidence can make the difference between having proof and not having it.
Timing matters. For injuries on or after July 1, 2024, Louisiana’s general deadline for injury lawsuits is two years from the day the injury was sustained. Earlier injuries are generally governed by the former one-year period. Fault also matters more than it used to. For claims arising on or after January 1, 2026, a person found 51 percent or more at fault recovers nothing, and a lower percentage reduces the award proportionally. Claims arising before that date remain under pure comparative fault. Because insurers routinely try to shift blame to the injured person, the way the evidence is gathered in the first weeks can shape the outcome.
If a government body may own or maintain the property, such as a public sidewalk, building, or park, different notice rules and shorter timelines may apply, so raise that with an attorney immediately. Civil lawsuits in New Orleans are filed in the Civil District Court for Orleans Parish, though some cases belong in the federal Eastern District of Louisiana, which sits in New Orleans. Most claims settle before trial, but a case built as though it will be tried tends to settle better.
How Owner Responsibility Is Proven
Liability in a premises case usually turns on notice. We look for evidence that the owner created the danger, knew about it, or let it exist long enough that a reasonable inspection would have caught it. That evidence comes from maintenance logs, prior complaints, inspection schedules, staffing records, work orders, photographs, surveillance footage, and testimony from employees and tenants.
We also look at who actually controlled the space. Commercial buildings often involve an owner, a lessee, a property manager, a security contractor, and a maintenance vendor. Naming the right parties, and understanding what the lease or service contract required of each, is a large part of the work. Medical proof matters just as much. Lumbar and cervical injuries, torn shoulders, knee injuries, and fractures are common results of falls, and insurers frequently argue that degenerative changes explain the pain. We work with the treatment records and the timeline to show how the fall caused or worsened the condition.
Questions About New Orleans Premises Liability Claims
What is premises liability?
It is the area of law that holds property owners and occupiers responsible when unsafe conditions on their property injure someone lawfully there. The claim depends on showing the owner knew or should have known about the hazard and failed to correct it or warn about it.
How long do I have to file a premises liability lawsuit in Louisiana?
For injuries on or after July 1, 2024, the general period is two years from the day the injury was sustained. Injuries before that date are generally under the former one-year period. Claims involving public entities can carry additional notice requirements, so do not wait.
Do I need to prove the owner knew about the hazard?
In most cases you need to show the owner knew or reasonably should have known. Evidence such as prior complaints, maintenance records, and how long the hazard existed helps establish that.
What if I was partly to blame for my fall?
Louisiana now treats fault differently depending on when your claim arose. For claims arising on or after January 1, 2026, being 51 percent or more at fault bars recovery entirely, while lower fault reduces your award by your percentage. Earlier claims remain under pure comparative fault.
Will it cost anything to hire your firm?
No. Consultations are free, we advance the costs of the case, and you pay a fee only if we recover for you.
Who is responsible if I was hurt in a rental apartment?
It may be the landlord, the property management company, or a contractor responsible for repairs, depending on who owned and controlled the area where you were hurt. Leases and maintenance contracts often decide this.
I was hurt at work on someone else’s property. Can I bring two claims?
Often, yes. A workers’ compensation claim against your employer can exist alongside an injury claim against a separate party who caused the hazard. Our firm handles both and coordinates them so one does not undercut the other. In Louisiana you should report a work injury to your employer within 30 days and file a formal comp claim within one year of the accident.
What if the property owner says the hazard was “open and obvious”?
That is a common defense. Whether a hazard was truly obvious depends on lighting, placement, distractions, and whether a reasonable person could have avoided it. We test that argument against photographs, scene conditions, and witness accounts.
Will my health insurance pay for treatment while the claim is pending?
It can, and many clients use health insurance while the claim moves forward. Insurers or providers may later seek reimbursement from a settlement, which we account for when negotiating.
Can a family bring a claim if a premises injury caused a death?
Yes. Louisiana allows wrongful death claims, generally within one year of the death or two years from the day the injury was sustained, whichever is longer. Families should speak with an attorney quickly so evidence is preserved.
Is it worth hiring a lawyer for a smaller fall injury?
If you needed ongoing treatment, missed work, or the owner’s insurer is disputing what happened, a consultation costs nothing and clarifies your position. Early statements to adjusters can limit a claim that looks minor at first and grows as treatment continues.
Serving Premises Liability Clients Across Orleans Parish and South Louisiana
We represent injured people throughout Orleans Parish, from the French Quarter, the Marigny, and the Central Business District to Uptown, the Garden District, Mid-City, Gentilly, and New Orleans East. Clients also come from the Bywater, Treme, Algiers, Lakeview, the Irish Channel, and the Carrollton area. In neighboring parishes we serve communities including Metairie, Kenner, Harahan, Gretna, Marrero, Chalmette, and Slidell.
The firm’s reach extends across South Louisiana and the rest of the state, including Baton Rouge, Lafayette, Lake Charles, and Shreveport, and across Mississippi, including Jackson, Madison, the Gulf Coast, Hattiesburg, Southaven, the Delta, and north Mississippi. Whether the hazard was a broken stair in a rental, an unlit parking lot, or a hotel floor, we look at where and how the injury happened and who owned and controlled the property.
Speak With a New Orleans Premises Liability Attorney
If an unsafe property left you hurt, a New Orleans premises liability attorney at Lunsford, Baskin & Priebe can review what happened, explain which deadlines and fault rules apply to your claim, and start preserving evidence before it disappears. Our phones are answered 24 hours a day, consultations are free, and you owe no fee unless we recover for you. Call today to talk through your situation.
