While celebrating a class reunion inside a New Orleans bar, a woman was injured when the establishment’s ceiling allegedly collapsed. Gena Quest filed suit against Spice Bar & Grill, accusing them of failure to maintain proper condition and to correct a hazardous condition. Quest claims she suffered serious and severe bodily harm and claims to have numerous witnesses to support her relation of the events and conditions.
In Louisiana, owners of buildings have a duty to make sure that that building is reasonably safe for those who enter it. However, in order to be liable for any injury arising from such damages, the injured party must show that the owner knew or should have known about the problem with the building that caused the injury. The owner must have either knew of the problem’s existence or, in the normal course of maintaining and owning the building, should have had knowledge of the problem. So, a broken stair in the middle of a staircase might qualify as something an owner should have known about, but a rotten board inside of a wall might not.
Additionally, the damage caused by the problem must have been preventable by the owner’s maintenance of the building. If the problem could not have been fixed or amended by the owner in any capacity, there is no liability for any injury resulting from it. Further, the injured party must show that the owner did not exercise reasonable care in fixing the defect or vice.
So for Ms. Quest’s case, she would have to show that Spice Bar & Grill knew about the condition of the ceiling, could have done something about the condition, and failed to correct it. If the bar’s owners can show that they did not know and had know way of knowing about the ceiling problem, they can combat Ms. Quest’s claims. Premises liability hinges upon the condition itself and the owner’s awareness or potential awareness of the condition.
The attorneys at Broussard, David & Moroux have the knowledge and experience necessary to handle cases of this nature and will fight to obtain fair compensation for your injuries. If you or a loved one has suffered harm as a result of an ill-kept building, contact the attorneys at Broussard, David & Moroux to discuss your legal rights at (337) 233-2323 (local) or (888) 337-2323 (toll-free).