Commonly Asked Questions About North Carolina Premises Liability
Premises liability is an important topic of discussion that every property owner needs to have with their lawyer at one point or another. Home ownership is one of the most exciting things a person can enjoy in their lifetime. When it comes to premises liability, you need to understand the law and how you can be held liable for injuries suffered by visitors to your property. When you decide it’s time to own a home you should consult with an experienced North Carolina premises liability attorney. The team at Brown Moore & Associates has more than 40 years of experience representing clients when it comes to premises liability. Let’s answer some of the most commonly asked questions about this topic in today’s post.
North Carolina Premises Liability: What Does This Part of the Law Cover?
Before we can really delve into all about premises liability we need to define what it is premises liability covers. The law surrounding premises liability governs how a property owner must prevent visitors to their property from suffering an injury. It handles dangers on the property, security on the property, and defects found on the property. These cases most often occur in homes, grocery stores, restaurants, bars and other retail stores.
NC Premises Liability: Who Can Be Held Responsible for an Injury on a Property?
This is a very common question many people ask their attorney. If you are injured on someone’s property and you were invited to be there, the property owner can be held liable. There are even circumstances where a non-owner resident of a property can be held liable for an injury suffered by a visitor to a property if the visitor was invited. There must have been a hazardous condition present on the property that led to your injury. The owner of any type of property, residential or commercial, is responsible for providing lawful visitors with a safe and hazard-free visit.
Charlotte, NC Premises Liability: Who Is Responsible for My Injury at a Hotel?
If you have recently visited a hotel and suffered an injury you likely want to know who responsibility falls on. Many people assume incorrectly that the hotel is automatically liable. There are circumstances in which the hotel is liable but it is not always automatic if you suffer an injury at a hotel. The most common circumstances include slipping and falling in a puddle inside the building or on food that has not been cleaned up even though the hotel knew about it.
Charlotte, North Carolina Premises Liability: What Happens If I Trip and Hurt on a City Sidewalk?
It is the responsibility of Charlotte to keep the roads and sidewalks safe for all residents and visitors from various hazards. If you wind up tripping, falling, and injured on a broken city sidewalk in Charlotte, you can file a lawsuit against the city for failure to maintain the property. Speak with a premises liability attorney about the incident to make sure you have a case before moving forward.
Charlotte Premises Liability: What Do I Need to Prove a Premises Liability Case?
You will need the following to be present in order for your case to move forward:
- There was a dangerous condition present on the property.
- The property owner either knew about the dangerous condition or should have known about the dangerous condition.
- The property owner failed to warn the visitor about the dangerous condition prior to visitors arriving.
- The visitor to the property suffered an injury due to the negligence involved.
North Carolina Premises Liability: What Are the Damages That Can Be Collected in a Premises Liability Case?
Some of the damages that a slip-and-fall victim can recover in a premises liability case include the following:
- Lost wages
- Hospital bills
- Future costs for medical treatment
- Physical therapy
- Permanent disability
- Mental anguish
- Surgery costs
- Pain and suffering
- Rehabilitation costs
NC Premises Liability: How Are Property Visitors Categorized?
There are a few different categories of property visitors when it comes to premises liability. An invitee has the owner’s permission to be there. A licensee is someone who also has legal clearance to be on a property. Trespassing is the act of stepping on private property uninvited. Trespassers usually have a hard time winning premises liability cases for this reason.
Charlotte North Carolina Premises Liability Attorneys — Brown Moore & Associates
If you or a loved one experienced injury while visiting someone else’s property you need to protect your rights immediately. If the owner invited you to their party with knowingly unrepaired hazards, you deserve compensation. The team at Brown Moore & Associates has more than 40 years of experience representing clients who have been injured in slip-and-fall accidents on someone else’s property. Contact the office today to schedule your initial consultation with a member of our team.