When negligence leads to injury, whether inside a nursing home or on unsafe property, victims deserve protection and accountability. Louisiana law imposes a duty on facility operators and property owners to maintain safe conditions and provide proper care. When that duty is ignored, the consequences can be serious and sometimes fatal.
At the Gertler Law Firm, we represent individuals and families throughout Louisiana who have suffered because of elder neglect, nursing home abuse, or unsafe premises conditions..
Protecting Louisiana’s Most Vulnerable: Elder and Nursing Home Abuse
Elderly residents in assisted living centers and long-term care facilities depend on others for daily safety and medical needs. When caregivers or administrators fail in that duty, the results can include physical injury, emotional trauma, or premature death.
Our firm handles cases involving:
- Neglect of basic needs such as hygiene, hydration, nutrition, and medication management
- Physical abuse or assault by staff or other residents
- Bedsores, infections, and sepsis due to inadequate monitoring
- Falls and fractures from unsafe conditions or poor supervision
- Financial exploitation or unauthorized transactions
- Improper use of restraints or sedation
Leah R. Rhodes and Josh Gertler lead much of our firm’s work in elder abuse and facility negligence cases. Their experience in insurance disputes, injury law, and civil litigation gives families the strength they need to challenge large care providers and corporate nursing home chains.
Louisiana Law on Nursing Home Negligence
Resident Rights Under Louisiana Law
The Louisiana Nursing Home Residents’ Bill of Rights protects residents from abuse, neglect, and exploitation. Facilities must provide adequate staffing, medical care, nutrition, and safe surroundings. Violations can lead to civil liability and administrative penalties.
Liability of Nursing Homes and Staff
Claims may be brought against:
- The facility itself for negligent policies, hiring, or supervision
- Individual staff members whose conduct directly caused harm
- Management companies or corporate owners who failed to enforce proper standards
Our attorneys investigate corporate records, staffing logs, and internal policies to uncover systemic failures that put residents at risk.
Filing Deadlines and Evidence Preservation
In Louisiana, personal injury or negligence claims generally must be filed within one year of the incident or discovery of harm. Acting quickly allows our team to preserve critical medical and facility records before they are altered or destroyed.
Premises Liability: Injuries on Dangerous Property
Unsafe property conditions can cause severe injuries to visitors, tenants, or workers. Under Louisiana law, property owners and managers must maintain their premises in a reasonably safe condition and warn of known hazards.
Gertler Law Firm represents clients injured due to:
- Wet or uneven floors in stores or offices
- Poor lighting, broken railings, or missing handrails
- Unrepaired pavement, potholes, or trip hazards
- Negligent security resulting in assault or injury
- Structural failures in rental properties or commercial buildings
These cases often hinge on proving that the property owner knew or should have known of the danger. Our attorneys conduct thorough site investigations, review maintenance logs, and work with engineers or safety experts to establish clear liability.
Comparative Fault and Damages in Louisiana Premises Cases
Understanding Comparative Fault
Louisiana follows a pure comparative fault system. This means even if an injured person is partially responsible, for example, by not noticing a visible hazard, they may still recover damages reduced by their percentage of fault.
Types of Damages Available
Victims of premises negligence may recover compensation for:
- Medical treatment and rehabilitation costs
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress and reduced quality of life
Our firm ensures that insurers and defense counsel do not undervalue these damages, particularly in cases involving long-term disability or permanent injury.
How Gertler Law Firm Handles Elder Abuse and Premises Liability Cases
Investigative Precision
We begin each case with a detailed review of all relevant records, medical charts, facility logs, security footage, or maintenance reports. Early evidence preservation is critical, especially in elder neglect cases where documentation can disappear quickly.
Expert Collaboration
Our attorneys work with medical professionals, safety experts, and industry consultants to confirm that the conduct violated accepted standards. This technical expertise strengthens both negotiation and courtroom strategy.
Litigation Strength
With more than 50 years of trial experience, Gertler Law Firm brings credibility and skill to every case. Opposing counsel and insurance carriers know our team prepares every matter as if it will be tried before a jury.
Client-Focused Representation
Families receive direct communication and transparency at each stage of the process. Whether negotiating a settlement or proceeding to court, our goal is to achieve justice while easing the burden of litigation.
Why Louisiana Clients Choose Gertler Law Firm
- Decades of proven success in elder neglect and unsafe property cases
- Comprehensive understanding of Louisiana premises and negligence law
- Local insight into courts, insurers, and facility operators across the state
- Direct attorney involvement from start to finish
- Respected advocates recognized for professionalism and results
From nursing home residents to injured visitors, our clients trust Gertler Law Firm to fight for accountability, dignity, and recovery.
Frequently Asked Questions About Elder Abuse & Premises Liability
What are the signs of elder abuse or neglect?
Unexplained bruises, bedsores, sudden weight loss, emotional withdrawal, or unsanitary living conditions may indicate neglect or abuse. Immediate investigation is essential.
Can I sue a nursing home for my parent’s injuries?
Yes. If the injury resulted from neglect, understaffing, or failure to provide proper care, family members can pursue legal action on behalf of their loved one.
How long do I have to file a lawsuit in Louisiana?
Most negligence cases must be filed within one year of the incident or its discovery. A quick consultation with an attorney helps preserve your claim.
What should I do after being injured on someone else’s property?
Report the incident, document the scene with photos, obtain witness names, and seek medical attention. Then contact an attorney to evaluate potential liability.
Do landlords and businesses have the same duty to maintain safe premises?
Yes. Property owners, landlords, and commercial operators all have a legal duty to maintain reasonably safe conditions for tenants and guests.
What compensation is available in a premises or elder abuse case?
Compensation may include medical costs, pain and suffering, emotional distress, and in cases of severe neglect or wrongful death, loss of companionship and future care expenses.
Does Gertler Law Firm charge upfront fees?
No. We work on a contingency fee basis, meaning clients owe no attorney’s fees unless we secure a financial recovery.
Speak With a New Orleans Elder Abuse or Premises Liability Lawyer
If you or a loved one has suffered due to nursing home neglect or an injury on unsafe property, contact the Gertler Law Firm. Our attorneys have represented Louisiana residents for nearly half a century, combining legal skill with compassion for those harmed by negligence.
Call our New Orleans office today for a confidential consultation. We’ll review your case, explain your options, and take immediate action to protect your rights and recovery.