Charlotte Premises Liability Attorney
Were you injured on another's property?
Holding Negligent Property Owners Accountable for Injuries
At Payne Law Firm, our team of dedicated Houston premises liability attorneys is here to provide unwavering representation for victims of various accidents that occur on public and private property. Whether you’ve experienced a slip-and-fall incident on a wet floor or suffered an attack by a loose dog in a public park, we are prepared to assist you in fighting for the justice and fair recovery you deserve.
Our entire team is committed to delivering a high level of client service and dependable legal advocacy throughout your case.
When Can You Sue a Property Owner for Injuries in North Carolina?
Proving negligence requires demonstrating that a party forgot to exercise reasonable care, resulting in harm to another. To establish a successful negligence claim, four key elements must be proven:
Duty of Care: You must show that the defendant owed a legal duty to you. This varies depending on the relationship between the partakers, but generally, people have a duty to act with reasonable care to avoid causing harm to others (e.g., drivers owe a duty to drive safely).
Breach of Duty: Once a duty is established, you must show that the defendant breached this duty by acting (or failing to act) in a way that a reasonable person in the same situation would have.
Causation: You must show that the defendant’s breach of duty directly caused your injury or harm. This includes:
- Actual Cause (Cause-in-fact): The injury wouldn’t have occurred “but for” the defendant’s actions.
- Proximate Cause: The damage was a foreseeable result of the defendant’s actions.
- Damages: You must prove that you suffered actual harm (physical, emotional, or financial) as a result of the defendant’s breach. Without damages, there’s no basis for a negligence claim.
Evidence like eyewitness testimony, expert opinions, all medical records, or accident reports may be needed to strengthen a negligence claim.
What Duty of Care Do Property Owners & Landlords Have In NC?
In North Carolina, property owners and landlords have a duty of care to maintain their property in a reasonably safe condition for individuals who are legally on the premises. The specific duty of care can vary depending on the legal status of the visitor. Here are the three main categories of visitors and the corresponding duty of care:
- Invitees: Property owners and landlords owe the highest duty of care to invitees. Invitees are individuals who are on the property for a business purpose or at the owner’s invitation, such as customers, clients, or tenants. The duty of care includes:
- Regularly inspecting the property for potential hazards.
- Taking reasonable steps to address any known hazards promptly.
- Warning visitors about any dangerous conditions that may not be immediately obvious.
- Licensees: Licensees are individuals who are on the property for non-business purposes with the owner’s permission, such as social guests. Property owners and landlords have the following duty of care towards licensees:
- Warning licensees about any dangerous conditions that may not be readily apparent.
- Exercising reasonable care to address known hazards or making them reasonably safe.
- Trespassers: Property owners and landlords generally owe a limited duty of care to trespassers. A trespasser is someone who enters the property without permission. The duty of care is to refrain from willfully or wantonly causing harm to trespassers. However, there are some exceptions, such as if the property owner is aware of frequent trespassing by children, where a higher duty of care may apply to protect them from certain dangers.
North Carolina “Attractive Nuisance” Doctrine
In North Carolina, the “attractive nuisance” doctrine is a legal principle that applies in certain cases involving the liability of property owners for injuries to children. The doctrine recognizes that young children may be attracted to certain hazardous conditions on someone else’s property, even if they are trespassing.
Under the attractive nuisance doctrine, a property owner may be held liable for injuries to a child if the following elements are met:
- Dangerous condition: There must be a dangerous condition or object on the property that is likely to attract children because of its allure or appeal. Examples can include swimming pools, abandoned vehicles, construction sites, or machinery.
- Knowledge: The property owner must be aware or should reasonably have known that children may be tempted to trespass on their property due to the attractive condition or object.
- Failure to protect: The property owner must have failed to take reasonable measures to eliminate or reduce the danger posed by the attractive nuisance. This may involve adequately securing the area, posting warning signs, or removing the hazard altogether.
- Lack of capacity to appreciate the risk: The child must be too young or lack the capacity to understand the risks associated with the dangerous condition.
Most Common Premises Liability Claims in NC
Premises liability claims in North Carolina can arise from a wide range of accidents or injuries that occur on someone else’s property. While the specific circumstances can vary, here are some common types of premises liability claims that occur in North Carolina:
- Slip and fall accidents: These occur when a person slips, trips, or falls due to a hazardous condition, such as a wet floor, uneven surfaces, loose carpeting, or inadequate lighting.
- Negligent security: Property owners may be held liable for injuries resulting from criminal acts on their premises if they failed to provide adequate security measures, such as proper lighting, surveillance systems, or security personnel.
- Inadequate maintenance: This includes claims where injuries result from the property owner’s failure to properly maintain the premises, leading to hazards such as broken stairs, defective handrails, or falling objects.
- Dog bites: If a property owner or dog owner is aware of a dog’s dangerous propensities and fails to take appropriate measures to prevent an attack, they may be held liable for injuries caused by the dog.
- Swimming pool accidents: Accidents and injuries that occur in swimming pools, such as drownings or slip and falls, can lead to premises liability claims if the property owner failed to provide proper supervision, maintain the pool area, or warn of potential dangers.
- Elevator and escalator accidents: Property owners have a responsibility to ensure that elevators and escalators are properly maintained and safe for use. If accidents or injuries occur due to negligent maintenance or defects, a premises liability claim may arise.
- Falling merchandise or objects: If a property owner fails to properly secure or stack merchandise or objects, resulting in them falling and causing injuries to visitors, a premises liability claim may be filed.
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Seeking Full Compensation for Your Damages in Property-Related Accidents
Accidents that occur on someone else’s property can result in severe injuries, including traumatic brain injuries, spinal cord injuries, burns, broken bones, and more. If you’ve been injured, it’s crucial to have an attorney who can assist you in pursuing fair compensation for all your damages, such as:
- Medical expenses
- Prescription costs
- Lost wages, both current and future
- Diminished quality of life
- Decreased enjoyment of life
- Pain and suffering
Our team of premises liability lawyers in Charlotte is ready to support you in holding the negligent property owner accountable and pursuing the maximum recovery you deserve.
What Sets Us ApArt
Serious lawyers for serious accidents
client Focused
We will help you every step of the way, providing answers to your questions and continuing to update you on the status of your case.
A History of Success
We have helped over a thousand injured individuals and families get the compensation they deserved.
Battle-Tested
We not only understand the complexities of insurance companies but know how to fight them.
Full Transparency
Our team knows the importance of your case and is committed to doing what is best for you.
