Injured On Someone Else’s Property?
The area of premises liability law is broad and encompasses many types of cases where an injury was caused by some type of unsafe or defective condition on someone’s property. When you or someone you love has been injured or killed by an unsafe or defective condition on someone’s property, the property owner may be liable to the victim for the harm caused under the law of premises liability.
Some of the types of premises liability cases we handle include:
- Trip, slip, or fall
- Uneven walking surfaces
- Carbon monoxide poisoning
- Dangerous aisles/floors
- Falling merchandise/displays
- Defective staircases
- Negligent maintenance
- Attractive nuisance (children on property)
- Inadequate security
Who is Responsible for Premises Liability
While a landowner is generally presumed to be liable for conditions on the property, it is the control and not the ownership alone that determines who is ultimately responsible for an unsafe or dangerous condition. Generally, North Carolina law requires that all landowners have a duty to exercise reasonable care in the maintenance of their premises for the protection of lawful visitors. Under North Carolina law, the duty that a landowner owes lawful visitors is different than the duty a landowner owes to trespassers, such as those who enter without permission.
North Carolina Premises Liability Law
Generally, North Carolina law requires that all landowners have a duty to exercise reasonable care in the maintenance of their premises for the protection of lawful visitors. Under North Carolina law, the duty that a landowner owes lawful visitors is different than the duty a landowner owes to trespassers, such as those who enter without permission or other right. Generally, landowners are only required to refrain from willful conduct that creates a danger for trespassers.
Avoiding a Premises Liability Lawsuit
Landowners can remedy unsafe or dangerous conditions by making the condition safe or posting a warning. However, not all warnings are sufficient to provide notice of a hazard. Additionally, when a hazard is open and obvious, the landowner or person in control of the property generally has no duty to remove the condition or post a warning.
Contributory Negligence in North Carolina
As with any negligence claim in North Carolina, contributory negligence will completely stop a claim. For example, if the injured person was negligent in any way that contributed to his injuries, then he makes no recovery under North Carolina law. This rule is especially applicable to most premises liability cases. Premises liability cases are highly fact-specific. That’s why it is important to choose the right attorney to help you or your loved one.
Speak To A Premises Liability Attorney
At Charles G. Monnett III & Associates, we have experience handling many types of premises liability cases. If you or a loved one has been injured by an unsafe or defective condition on someone’s property, there may be a valid claim for pursuing a premises liability lawsuit. Call us today for a free case evaluation at 704-376-1911 or 800-977-3077, or contact us online.
Three Ways We Can Help You Today
- Help you understand your rights as they apply to your unique case
- Help you to know which medical treatments may be needed
- Help take calls and handle the paper work from insurance companies
I was involved in an accident with an uninsured driver, so I contacted the attorney that i had used in a previous case. I explained to them the situation and they advised me that there was no way that i would be able to recover anything so
In October 2010, my pregnant wife and I were in a horrendous accident in Charlotte, NC, caused by a drunk driver. We were struck head on by the driver travelling at nearly 100mph and sustained many life threatening injuries
Charles Monnett was very helpful and lead me through the whole legality of my case. Charles was always available and informative on this process.