Premises Liability


Premises Liability Attorney in Durham, North Carolina

Have you ever suffered an injury while on someone else’s property? You might be able to file a claim if you were hurt while on private or commercial property. Property owners are required by law to keep their premises safe for guests and visitors. Unfortunately, property owners frequently fail to uphold this responsibility, resulting in catastrophic injury to visitors. 

You might be entitled to financial compensation for your injuries and other damages if you were hurt while on someone else’s property. A personal injury attorney focusing on premises liability in North Carolina can assess your case and explain your choices.

Diener Law has a history of assisting injured victims in getting the justice they deserve. Call us straight away if you have been hurt on someone else’s property so that we can assist in defending your legal rights. You may rely on our skilled North Carolina premises liability lawyer to fight for the protection of your right to just compensation. 

Why do I need an Experienced Premises Liability Lawyer in North Carolina?

To ensure you receive what you are legally entitled to, you need someone experienced in premises liability cases. The other person’s insurance company knows your rights, but you don’t! An experienced Durham premises liability attorney can assist you in determining what damages you have the right to pursue and will fight to uphold that right.

You will face various issues after suffering an injury, including 

  • Growing medical bills, 
  • Lost income, 
  • Disability, 
  • Scarring, 
  • Disfigurement, and 
  • The inability to enjoy life fully. 

You have rights under the law, and we fight to uphold those rights. You must have a legal team that can present the information required to aid a jury in comprehending the scope of the permanently disabling disabilities and the financial damages brought on by those injuries. 

We can fight for you and help you get what you are entitled to because we have a knowledgeable personal injury lawyer who knows the law, the North Carolina court system, and how to present your case in court.

Call our esteemed Durham personal injury law firm today to schedule a premises liability case evaluation. 

What is Premises Liability?

premises liability lawyerThe legal concept known as premises liability is a personal injury case where the injury was brought on by an unsafe condition on someone else’s property.

Most personal injury cases, including premises liability cases, are founded on negligence. The injured party must demonstrate that the property owner was careless in their ownership or upkeep of the property to win a premises liability action. In general, negligence refers to a failure on the part of the property owner to maintain the property with appropriate care.

Remember that just because you were hurt on someone else’s property doesn’t necessarily mean that person was careless. Furthermore, just because a property may have been in a dangerous state does not inevitably prove that the owner was careless. You must demonstrate that the property owner knew – or should have reasonably known – that the premises were in a dangerous condition but did nothing to address it. That’s where skilled premises liability lawyers come in. 

What are the Different Types of Premises Liability Case

Premises liability lawsuits encompass a wide range of personal injury claim types. The most common ones include :

  • Ice and snow accidents,
  • Slip and fall cases,
  • Defective conditions on the property,
  • Inadequate maintenance of the premises,
  • Insufficient building security resulting in injury or assault,
  • Accidents on the escalator and elevator,
  • Dog bites,
  • Accidents in amusement parks,
  • Swimming pool accidents,
  • Fires,
  • Floods or water leaks, and
  • Hazardous fumes or chemicals.

As you can see, there are many situations in premises liability claims. Because there is an unsafe environment on someone’s property, even dog bite cases fall under premises responsibility.

What is the Property Owner’s Duty of Care?

The law does not require property owners to treat everyone in their property the same. Visitors can be classified into three groups:

Invitees

An invitee is a person who has the express or implied consent of the landowner to enter the premises. Typically, invitees include friends, family members, and neighbors. Traditionally, the proprietor must keep an invitee reasonably safe while on the property.

Licensees

A licensee is someone who is on the property with the landowner’s express or implicit consent but is doing so for personal gain. An example of a licensee is a salesperson. In 1988, North Carolina abolished the distinction between invitees and licensees. This means a landowner has a similar duty of care for both. 

Trespassers

A person not allowed to be on the property is considered a trespasser. Traditionally, the only duty owed to them is to avoid willfully causing them harm. Landowners had no obligation to trespassers unless they were minors. In that instance, the landowner was responsible for taking reasonable precautions to eliminate any danger of child harm that they could have foreseen due to artificial conditions on the property (i.e., swimming pools).

If you have concerns about a potential premises liability issue, you should speak with an experienced Durham premises liability lawyer because the laws can get quite complex. Call our law firm today for sound legal advice!

North Carolina’s Premises Liability Claim Basics

Claims for premises liability are founded on negligence. A North Carolina premises liability attorney must demonstrate that the property owner was at fault for your accident and the injuries. The foundational principles of a premises liability suit are as follows:

  • You had a duty of care from the property owner. This is a rather simple process in most premises liability situations. If you entered an area closed or off-limits, for example, the property owner might be able to claim they had no obligation to you.
  • The negligent property owner failed to exercise their duty of care. There are many ways a property owner could have gone against their obligations. They might not have kept the premises properly or neglected to alert guests and visitors to dangerous situations. They might not have followed fire or building codes, or they didn’t offer enough protection.
  • The property owner’s negligence brought on your harm. Obviously, if you didn’t think the property owner was at fault for your injuries, you wouldn’t be thinking about filing a claim against them. However, property owners commonly argue that you weren’t hurt. They can also claim that you are exaggerating your injuries or that you were negligent in causing them.

It’s also essential to remember that simply because you got hurt on someone else’s property doesn’t necessarily mean the owner was careless. Non-lawyers are usually surprised by the amount of proof needed. Trying to gather this information while recovering from the injury can be challenging. You can get the evidence you need to create a strong claim by working with our law firm in North Carolina.

What Factors Can Affect a North Carolina Premises Liability Case?

One part of premises liability cases is determining whether the owner fulfilled reasonable care towards invitees and licensees. Factors that paint a picture of that include: 

  • Circumstances of entry to the property,
  • The usage of the property,
  • Whether the accident or injury can be reasonably expected,
  • Whether the owner attempted to advise visitors of a harmful condition or make reasonable repairs.

Trespassers on Property

If the owner is aware that trespassers are likely to break into the property, they might have a duty to provide a reasonable warning to prevent harm. This requirement applies solely to situations that the owner caused and understands could likely cause serious damage or death.

Children on Property

A landowner’s responsibility to warn is different compared to children that aren’t permitted to be on the property. The unique duty to children is commonly known as the “attractive nuisance” doctrine. An attractive nuisance is something that can tempt a child to enter a property. An owner must offer notice if they should know that children will enter the premises, and a dangerous condition on the premises is likely to have serious harm or death. 

What If Both the Property Owner and the Visitor Share Fault?

One of the most common defenses is to claim that the injured party shoulders some of the blame. In most circumstances, a visitor is responsible for taking reasonable precautions for their safety. The plaintiff’s negligence may restrict or diminish their compensation.

North Carolina is one of few states that follow a pure contributory negligence rule. This means that if you were found to be even 1% to blame for the accident, then you can no longer recover damages. 

Are There Special Rules for Landlords in North Carolina?

Property lessors (another name for landlords) are subject to different liability laws. As a general rule, a landlord is not responsible for any physical damage done by a situation on the property to a tenant or anybody else. This general rule includes several significant exceptions, but it is mainly based on the landlord’s alleged lack of authority over the property once it is leased.

Call our Premises Liability Lawyer Now!

You might be entitled to compensation if you or a loved one was hurt on someone else’s property. Diener Law is concerned about your future and is aware of the difficulties you are going through. As a result, we offer committed legal representation from the first consultation until you receive the money required to reconstruct your life following an accident and injury.

Premises liability law can be complicated. Our law office knows what is necessary to ascertain and defend your rights. Speak with us right now to get in touch with our reputable North Carolina premises liability lawyer about your case, and you will have our expertise and experience on your side.

In addition to Durham, we also have offices in Raleigh, Mount Olive, Greenville, Santa Ana, Lynwood, Greensboro, Mount Olive, and Wilmington in the state of North Carolina.

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