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Premises Liability

Premises Liability Attorney in Calcasieu Parish

Your Partner When You’re Hurt on Unsafe Property

When an unexpected injury happens on someone else's property, you deserve attentive legal guidance as you navigate what comes next. At Sudduth & Associates, LLC, we serve families and individuals across Calcasieu Parish with trusted, compassionate support. 

Our deep local roots and ongoing tradition of public service set us apart. We always treat you as we would our own family. Our team stands ready to help you understand your options and pursue fair results if you’ve suffered due to unsafe conditions in a store, apartment complex, public venue, or other property.

Premises liability claims in Calcasieu Parish can present unique challenges because the area includes a variety of property types and a wide range of visitors. As a premises liability lawyer in Calcasieu Parish, we help you move forward with clarity, ensuring you understand what to expect at every stage of your matter.

Don't let negligent property owners avoid responsibility. Secure the strategic advantage of a Calcasieu Parish premises liability lawyer with over 100 years of collective experience and roots in the local community—contact us online or call (337) 282-9003 today.

Understanding Louisiana Premises Liability Law

In Louisiana, premises liability claims are generally governed by Civil Code Article 2315 (general negligence) and, for businesses, the Merchant Liability Statute (La. R.S. 9:2800.6). The law places a stringent burden of proof on the injured party, which is why securing a Calcasieu Parish premises liability lawyer quickly is essential.

The Fundamental Duty of Care

Property owners owe a duty to keep their premises in a reasonably safe condition and to correct or warn visitors about unreasonably dangerous conditions that they knew or should have known existed. The standard of care owed may vary slightly depending on the visitor's status (invitee, licensee, or trespasser):

  • Invitees (Customers, Patrons, or Guests on Business Property): Property owners owe invitees the highest duty of care. They must take reasonable steps to keep the premises safe.
  • Licensees (Social Guests or Those on Property for Their Own Purpose): Property owners owe licensees a moderate duty of care. They must warn of known, non-obvious dangers that the guest is unlikely to discover on their own.
  • Trespassers (Those Without Permission to Enter): Property owners owe trespassers the lowest duty of care. They generally must avoid willfully or wantonly causing harm to the trespasser.

Common Premises Liability Accidents

We handle the full range of accidents caused by negligent property maintenance or inadequate security, including:

  • Slip and Fall / Trip and Fall: Caused by unmarked spills, broken stairs, ripped carpeting, or cracked sidewalks.
  • Structural Defects: Injuries resulting from broken handrails, collapsing decks, or faulty elevators.
  • Inadequate Lighting: Falls or criminal assaults occurring due to poor lighting in parking lots or stairwells.
  • Negligent Security: Assaults or robberies due to the property owner's failure to provide adequate security when the risk of crime was foreseeable.
  • Dog Bites / Animal Attacks: Injuries caused by a property owner's failure to control their animal.

The Burden of Proof: What a Premises Liability Attorney in Calcasieu Parish Must Prove

To win a premises liability claim in Louisiana, particularly against a merchant (like a grocery store or retailer), the claimant must prove the following elements:

  • Unreasonably Dangerous Condition: Proving that a defect or hazard existed on the property that presented an unreasonable risk of harm. The law does not hold owners responsible for every conceivable minor defect.
  • Actual or Constructive Notice: Proving the owner or merchant either created the dangerous condition or had actual knowledge of it, OR had constructive notice.
    • Constructive Notice is often the biggest hurdle. It requires proving the dangerous condition existed for such a period of time that the owner/merchant should have discovered it through the exercise of reasonable care.
  • Failure to Act: Proving the owner failed to exercise reasonable care to remedy the hazard or to warn visitors about it.
  • Causation and Damages: Proving the dangerous condition directly caused your injuries and resulting damages (medical bills, lost wages, pain and suffering).

Key Steps We Take to Establish Liability

Insurance defense teams aggressively argue that the hazard was "open and obvious" or that the client was entirely at fault. As your Calcasieu Parish premises liability lawyer, we take immediate steps to counter these defenses:

  • Evidence Preservation: We send immediate spoliation letters demanding the preservation of all surveillance video, maintenance logs, inspection reports, and internal emails related to the hazard.
  • Witness Interviews: We track down and interview witnesses, including current and former employees, to establish the owner’s actual or constructive notice of the dangerous condition.
  • Code Violation Review: We review local Calcasieu Parish building codes and maintenance standards. A violation of these standards can be powerful evidence of negligence.
  • Accident Reconstruction: For complex falls or inadequate security cases, we may utilize forensic experts to reconstruct the incident and prove the hazard was unreasonably dangerous and foreseeable.

Recoverable Damages and the Danger of Comparative Fault

A successful premises liability attorney in Calcasieu Parish can recover both economic (measurable) and non-economic (quality of life) damages.

  • Economic Damages: Past and future medical bills, rehabilitation costs, lost wages, and diminished earning capacity.
  • Non-Economic Damages: Past and future pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life.

Comparative Fault in Louisiana

Louisiana operates under a system of pure comparative fault. This means the compensation you recover will be reduced by your percentage of fault. For instance, if you are awarded $200,000 but the court finds you were 30% responsible for your fall (e.g., you were distracted by your phone), your final award will be reduced by 30% ($60,000). We fight vigorously to minimize or eliminate any finding of fault against you.

Why Clients Turn to Us for Premises Liability Matters

We work to ensure you feel heard and supported, no matter how complex your situation becomes.

  • Personal relationships come first: We build every client relationship on respect, listening, and real attention to your needs and concerns.
  • Local experience with Louisiana law: Our attorneys and staff know the courts, legal processes, and property standards across Calcasieu Parish.
  • Diverse and accessible service: We offer bilingual and same-day consultations. Our team values clear communication, whatever your background.
  • Family-driven advocacy: Our foundation in public service means we approach every case with compassion and steadfast commitment.
  • One-stop legal support: We handle a wide range of personal injury and liability claims, helping you feel confident at every stage.

Our approach adapts to the realities of life in Calcasieu Parish, where properties range from historic downtown locations to new commercial development. As a premises liability attorney in Calcasieu Parish, we have experience working with clients from many backgrounds, and we value building trust through honest guidance and individualized attention.

How Our Premises Liability Lawyers Guide You Through The Legal Process

We help you move forward confidently by explaining the process and supporting you every step of the way. While every case is unique, clients can count on our team to:

  • Listen to your account of what happened, ensuring we understand every detail and your concerns.
  • Gather the facts from property records, reports, and responsible parties within the standards of local law.
  • Clarify your rights under Louisiana premises liability law as it applies to Calcasieu Parish.
  • Guide you through your options for seeking fair resolutions, whether negotiating with insurance or preparing for legal proceedings.
  • Keep you informed with timely, clear communication so you can make confident decisions along the way.

Louisiana’s Civil Code sets requirements for proving fault and damages in premises liability cases. Our knowledge of local court practices and property standards helps us anticipate challenges unique to Calcasieu Parish, from property maintenance documentation to handling cases in area courts. We explain the steps clearly, so you feel informed and empowered throughout your case.

Take the Next Step Toward Trusted Legal Support in Calcasieu Parish

If you or a loved one suffered an injury on someone else’s property, reach out to Sudduth & Associates, LLC today. As premises liability attorneys in Calcasieu Parish, we offer friendly communication and a thorough understanding of Louisiana law, starting from your very first call. 

You can expect attentive service, clear answers to your questions, and counsel that puts your well-being first. Connect with us to discuss your situation and discover how we can help you move forward with greater confidence and support.

Call (337) 282-9003 or reach out online to schedule a confidential consultation with our team today. You’ll find personalized support, honest communication, and a local approach that helps you move forward confidently from start to finish.

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The Advantage of a Former Prosecutor on Your Side Client Reviews

    "Fantastic attorney !"
    Extremely professional. Honest. Ethical. James is a fantastic attorney and I would recommend him to anyone.
    - Joseph
    "His passion for helping people sets him apart from any other attorney in this area."
    Smart, driven, direct, passionate. Amazing man, which makes him an amazing attorney. Treated me and my family as if we were a part of his. I am forever grateful for the hard work and dedication he put into my case.
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    "James was always professional and considered all of the facts when working towards resolution of matters."
    James was always professional and considered all of the facts when working towards resolution of matters. He exercised great wisdom in the execution of his job a prosecutor.
    - Brent
    "Keep fighting the Good Fight. I give my absolute highest recommendation!"
    Upon meeting with Mr. Sudduth for the first time, it was very obvious to me that he was well experienced in his areas of practice. He was very communicative, made himself available to address any concerns or needs and was extremely attentive to the details of my case. As thorough, goal-oriented, hard-working and determined as he and his staff were, one attribute stood out among the rest-they genuinely cared about me and my family. This was my first (and hopefully last) experience dealing with this type of litigation and the trauma it caused us, but James was there every step of the way and he fought for me; he fought for a resolution to the injustice I suffered. He cut straight through all of the nonsense and helped change workplace culture to make it a better place to work for everyone. For that, I am extremely grateful and proud that I made the choice to hire him as my attorney. I pray that many blessings come to the Sudduth and Associates team—Keep fighting the Good Fight. I give my absolute highest recommendation!
    - Rebecca
    "He and his associates took on the job with full confidence, transparency, and above all- due diligence."
    I was at my wits end to find someone in the Calcasieu parish of a professional nature, dedicated to take my case. Mr. Sudduth was the answer. He and his associates took on the job with full confidence, transparency, and above all- due diligence.
    - Former Client
    "Superior to all other attorneys in Lake Charles and his Staff is well-above par."
    James Sudduth is a brilliant legal mind and a premier up and coming attorney. Highly recommend him. Superior to all other attorneys in Lake Charles and his Staff is well-above par.
    - Former Client
    "Mr. Sudduth exhibits genuine concern for my situation, and he worked with me to bring my case to a positive outcome."
    Mr. Sudduth exhibits genuine concern for my situation, and he worked with me to bring my case to a positive outcome. I was really impressed that he was willing to travel 2 hours in each direction to file my paperwork in the appropriate courthouse.
    - Dennis