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Who Is Liable in Cases of Premises Liability?

Jan 25, 2022 Brown Moore & Associates Premises Liability

Amidst the chaos that ensues after an injury on another person’s property, the same question always arises. In which scenarios are property owners responsible for injuries that occurred on their property? This is a complicated question for legal professionals to answer and largely depends on a slew of circumstances and factors.

While it may be difficult to answer in many cases, a premises liability attorney is your best bet for ensuring the best possible outcome for your lawsuit. Brown Moore & Associates, PLLC is a heavily experienced law firm operating with numerous Charlotte premises liability attorneys who have the knowledge and experience to secure you compensation after an incident on someone else’s property.

Types of Premises Liability Accidents

Premises liability is a type of injury case that occurs on someone else’s property. There is, therefore, an array of different types of injuries that may fall under the premises liability category.

Some examples of premises liability accidents include:

  • Slip and falls
  • Animal or dog attacks
  • Accidents involving water such as drowning
  • Assaults following an absent or negligent security staff
  • Facilities or infrastructure that is improperly maintained
  • Exposure to the gas, chemicals, or other substances that may harm one’s health
  • And more…

Determining Who is Responsible for Injuries on Someone Else’s Property in North Carolina

It may be quite difficult to determine who is exactly responsible or liable for the incident in question. In cases of premises liability, most questions of responsibility concern three different factors that concern both the injured person and the owner of the property.

The first and most common question is the “owner’s duty of care“. In this sense, it is expected that an owner properly maintains their property in a way that protects visitors and gas from harm. This harm must be considered preventable and is a legal obligation/duty of the property owner when inviting or expecting other people and guests to be present on their property. Most often, instances in which this duty is not properly carried out are considered negligence.

Despite the duty of care rule, the status of the visitor and the injured party is a consideration in a court of law. This is considered the visitor’s legal status, meaning that someone trespassing on the property seldomly will win a case of premises liability against a property owner as it is usually not expected that a trespasser will enter a property. This means that the owner may not have been required to maintain their property in a way that prevented injury. This does not apply, however, in cases where people are invited or expected to be on the property such as customers in a grocery store or invitees to a pool party.

Occasionally, unique cases such as those involving lessers and landlords, dog bites, and public spaces/land may have additional and extenuating circumstances to consider.

The Team in Charlotte Fighting Cases of Premises Liability

While the question of liability is often a difficult one to answer, Charlotte premises liability attorneys from Brown Moore & Associates, PLLC are seasoned in this area of law. In any legal matter, it is always recommended to reach out to a lawyer as soon as possible to ensure success in a claim or lawsuit. Reach out to us today at 704-335-1500 (local) or 800-948-0577 (toll-free) or by clicking on this link for a No Results, No Attorney Fee guarantee today.