Premises Liability in North Carolina

Premises Liability in North Carolina

Slip and fall accidents are very common. More than a million visits to the emergency room each year are because of injuries caused by falls. Falls may happen anywhere, including when you are at a store, restaurant, or other premises. When a fall is caused by the negligence of another, that party may be liable for your injuries. What is premises liability and when can I file a claim to get compensation for my injuries?

What is Premises Liability?

Premises liability is a legal concept in which property owners may be responsible for injuries that occur on their property. A party may be liable for injuries that happen because of unsafe conditions. A property owner must use a reasonable standard of care when maintaining their premises for lawful visitors. There may not be any dangerous situations or circumstances that could harm others. If the owner knew or should have known that the property was dangerous, they could be found negligent.

Types of Negligent Situations

Many types of situations can be due to negligence and may result in accidents with injuries. Some of the common causes of falls include wet surfaces, inadequate lighting, improper floor or pavement maintenance, poor upkeep of stairs or walkways, aisles blocked with boxes, and slippery rugs, among others. These are the types of accidents that could have been avoided if the owner had acted responsibly and was not negligent. The owner must keep their property in a safe condition.

There are other situations in which the owner may be liable, such as incidents involving assaults or property thefts. In some instances, an assault or theft could have been prevented if the owner had the proper security measures in place. If the owner knows that a crime is highly probable but does not take action to stop it, they may be held liable due to their negligence.

Can I File a Lawsuit?

You could have grounds to file a lawsuit in cases where you suffered an injury due to the negligent actions, or inactions, of a property owner. To bring a successful claim for premises liability, you will need to prove several facts. You must show that the property owner had a duty of care. There must have been a dangerous condition that the owner knew about, or should have known about. You must show that you were hurt as a result of the dangerous condition, and you suffered damages as a result of your injury. Damages typically include medical costs, lost wages, money for pain and suffering, and more. If you were trespassing on the property at the time of your injury, it may be difficult to prove that the owner had a responsibility to you since you were not a lawful visitor.

If you suffer an injury on someone’s property, you should immediately report the incident to the owner or manager. Contact police to file a report and seek medical attention as soon as possible. The premises owner may owe you compensation for your damages. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to discuss the details of your injuries.

The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.

Source:

https://www.law.cornell.edu/wex/liability#:~:text=A%20party%20is%20liable%20when,several%20liability%20or%20several%20liability.

https://www.law.cornell.edu/wex/negligence#:~:text=Negligence%20is%20the%20failure%20to,a%20duty%20to%20act%20reasonably.

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