Premises Liability Laws In North Carolina
The law makes clear that we all owe each other a duty of due care. This means that people must take reasonable measures not to endanger or harm others. State law requires people to take steps to keep their property safe for those who visit as guests or patrons. This involves reasonable upkeep and warning others of hazards that may exist. If the owner or occupier of a property fails to take common measures to keep you safe, they can be required to pay you compensation for your damages.
Your premises liability lawyer must prove the following in a legal action against the negligent party:
- That the party was the owner or perhaps renter of the property, and therefore owed you a duty of care as you visited.
- They failed to take reasonable steps to keep the premises safe.
- Your injury was a direct result of their failure.
- Your injury resulted in clearly defined damages such as medical problems, loss work, etc.
An experienced premises liability attorney understands how to effectively handle your case even though North Carolina contributory negligence laws may pose a threat to your recovery. These laws state that a person cannot collect damages for an injury if they hold any amount of responsibility for the accident. At Randall & Stump, Criminal Defense Attorneys, we understand how premises liability laws will apply to your case, and how important recovery is for you.
What is Negligence in Premises Liability Claims?
Negligence is the failure to uphold one’s duty or responsibility to others. If a property owner is negligent, they either act irresponsibly or fail to properly act in such a way that they cause a dangerous situation to visitors, invitees, or others who enter their property. Premises liability law expects property owners and managers to maintain a safe environment for those who come onto their property. If they do not, they may be negligent.
When proving negligence, you must show that the property owner had a duty to you. In most cases, a property owner legally owes a duty to all visitors and invitees. However, property owners are not usually responsible for the safety of trespassers. There are some exceptions. For example, if an owner knows that children frequent their property, they may be held responsible for injuries that occur as a result of a dangerous property.
Once you have shown that a duty was owed to you, you must show that the property owner violated that duty. That might involve failing to repair damaged property or knowingly allowing a dangerous condition to exist on their property. If the owner did not know of the danger and had no reason to know, then they may not be held negligent. You must also show that the owner took no action or took irresponsible action regarding the property that resulted in a dangerous situation.
Once you show that the owner owed you a duty and failed to uphold that duty, you must show that you were injured as a result of the dangerous condition on their property. This can be done by proving that you were hurt on the premises. Your premises liability lawyer can help you collect evidence and show that the property owner was negligent.
There Are Various Types of Premises Injuries
An injury on someone else’s property can bring about a great variety of physical damage and ailments. Many injuries do not show up right away, and they might not begin to affect you for days or even weeks. After being hurt, you might require lengthy and expensive operations and therapy. Additionally, you might not be able to return to work for a long time. Each premises liability case is unique, but our legal team has helped several people after they’ve suffered a personal injury on private property, including:
- Slip and fall accidents
- Dog or other animal bites and attacks
- Swimming pool accidents
- Defective balcony railings or porch collapse
- Damaged stairs or faulty escalators or elevators
- Inadequate security
How to Receive The Compensation You Need
A skilled North Carolina premises liability lawyer will understand how the state’s negligence laws apply, and how you may be able to recover damages from the negligent party. At Randall & Stump, Criminal Defense Attorneys, we know how to build the strongest possible case, and what it takes to negotiate with the other party’s insurance company. If no adequate financial settlement is provided, we will use our decades of courtroom experience to advance your interests at trial. However, the statute of limitations in premises liability cases requires that you act before waiting too long and risk having your case thrown out. North Carolina limits a legal claim to be filed within three years of the injury. Given the needs to gather evidence and build a case, we urge you call a lawyer as soon as possible.
The property injury lawyers at Randall & Stump, Criminal Defense Attorneys, have helped many clients after being hurt due to the negligence of another. We can help you recover compensation to help you with many things such as:
- Current and future medical expenses
- Lost wages
- Lost future earnings
- Property damage that you sustained
- Hiring assistance for daily chores that have become too difficult
- Emotional distress