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:
- Uneven walking surfaces
- Falling merchandise
- Slip/trip and falls
- Defective stairwells
- Inadequate lighting
- Inadequate security
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 or other right. Generally, landowners are only required to refrain from willful conduct that creates a danger for trespassers.
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 an obvious, the landowner or person in control of the property generally has no duty to remove the condition or post a warning.
As with any negligence claim in North Carolina, contributory negligence will completely 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.
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. Please call us at 704-376-1911 in the Charlotte area or toll free at 1-800-977-3077, or fill out our intake form to schedule a free confidential consultation and speak with someone regarding your case.