Extreme weather is a way of life in Louisiana. For many residents, it’s a badge of honor. However, what do you do if you are injured during or after a severe storm? After all, you can’t sue Mother Nature if you’re struck by lightning. But you may be able to seek damages if another party’s negligence during or following a storm resulted in serious injuries.
Weather-related car accidents
When a driver runs a red light or a stop sign, their negligence is obvious. However, how do you prove negligence when driving conditions are less than optimal? Poor driving conditions may lead to accidents that wouldn’t have occurred had it been dry and sunny.
The fact is drivers have a duty of care to other people on the road, regardless of weather conditions. If nasty weather requires a driver to take extra precautions, then the driver should do so. Driving along at a high rate of speed when it would be safer to slow down might be an act of negligence. If another driver hurts you during a storm, don’t simply chalk the results up to bad weather.
Injuries from flying debris
You can’t control high winds. However, if a property owner has ample warning that a strong storm is on the way, they should take action to batten down the hatches. Failing to secure patio furniture, an outdoor grill, or other items in the yard can have disastrous consequences. If you’ve suffered a serious injury from debris in your neighbor’s yard, you may have a personal injury claim.
Injuries at a place of business
You’ve cleaned up what you can once the storm has blown through. Your neighborhood is beginning to have its power restored. You decide it’s time to restock essential supplies from a nearby business.
Once you arrive at the store, you find it’s in rough shape. Broken windows, torn-up floors, and loose ceiling tiles are all readily visible. Nonetheless, the store is open for business. You suffer a serious injury while shopping. Is the business to blame?
Property owners have a duty to keep their place of business free from dangerous conditions. Sometimes, it may not be possible to fix a hazard right away. If this is the case, a property owner must make the danger clear and warn others. If a property owner fails to do so and you are injured, you may be able to seek damages under a premises liability claim.
Clearly, the weather will do whatever it wants. However, other people have to adjust their actions accordingly. If they don’t take extra precautions and you are injured, you may be able to pursue compensation. You should discuss your options with a skilled legal professional.