Charlotte Premises Liability Attorney

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.

We invite you to reach out to us online or give us a call at (713) 999-4801 to arrange a free, no-obligation consultation with one of our Charlotte premises liability attorneys.

When Can You Sue a Property Owner for Injuries in North Carolina?

In North Carolina, you may be able to sue a property owner for injuries under certain circumstances. One common legal concept related to these types of cases is premises liability, which holds property owners responsible for maintaining safe conditions on their property.

To have a valid personal injury claim against a property owner in North Carolina, you generally need to establish the following elements:

1. Duty of care: The property owner owed you a duty of care, meaning they had a legal obligation to maintain the property in a reasonably safe condition.
2. Breach of duty: The property owner failed to fulfill their duty by either creating a hazardous condition or not addressing a known hazardous condition.
3. Causation: The hazardous condition directly caused your injuries.
4. Damages: You suffered actual damages, such as medical expenses, lost wages, pain and suffering, or other related losses.

North Carolina follows a contributory negligence system. Under this system, if the injured party is found to have contributed to their injuries in any way, even by a small percentage, they may be barred from recovering compensation. This makes personal injury cases more complex, so consulting with an attorney who specializes in North Carolina personal injury law is advisable.

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.

Contact us at (713) 999-4801 or fill out our free online case evaluation form today! We work on a contingency fee basis, meaning there are no fees unless we successfully recover compensation for you. Se habla español.