Recent Posts in Premises Liability Category

In the state of North Carolina, people who have been injured while visiting other people's properties may file a personal injury lawsuit known as a premises liability claim.  When people file premises liability claims and they are successful, meaning they win an award or settle their cases, they can receive damages for their medical bills, lost wages, future lost wages, trauma and pain and suffering.

In order for people to be eligible to file claims, they must be able to prove a few things.  First, they must be able to prove that a dangerous condition existed on the other person's property.  Second, they must prove that the person know the dangerous condition existed and did nothing to correct it (this is called proving negligence).  Finally, people must be able to prove that because the person was negligent, they suffered injuries.

All of these elements are crucial in the success of any premises liability claim.  However, they can be very difficult to prove without help from a North Carolina personal injury lawyer, like the lawyers at the Lanier Law Group.  If you have been injured while visiting another person's property, contact our law office now!

It’s taken 18 years, but a man who suffered a trampoline injury at his elementary school has finally settled his lawsuit with the Chicago Board of Education and a private youth center.

Ryan Murray of Chicago was 13 when he suffered a life-changing injury during tumbling class on Dec. 14, 1992. Murray, who is now 30, became a quadriplegic after hitting his head as he flipped off a mini trampoline onto a mat in the school gymnasium.

Murray’s lawsuit has been trying to make its way through the courts, but kept encountering obstacles. In 2006, the Illinois Supreme Court threw out his case, stating that Murray did not have the right to sue the Board of Education because it is a government entity. The court said that in order to sue a government entity Murray would need to prove the action that led to his injury was intentional.

Murray’s attorney was able to get the court to hear the case again after arguing that school officials conducted the class recklessly, without proper equipment, and ignored basic safety rules. The court ended up reversing its original decision, stating that if a government entity show an “utter indifference or conscious disregard for the safety of others," it can be sued for willful and wanton conduct.

Murray’s case was then sent back to the circuit court for trial, but because Murray was able to reach a settlement the trial will not be held.

Murray settled his lawsuit for $14.7 million.

If you have suffered an injury on another person’s property or due to the willful or wanton conduct of another, you should speak with an attorney about your legal rights. Under both premises liability laws and personal injury laws you could stand to be compensated for your medical expenses, rehabilitation, treatment, lost wages, financial hardship, emotional trauma, and pain and suffering.

To learn if you have a valid injury claim, please feel free to contact Lanier Law Group today to arrange a consultation with an experienced North Carolina personal injury attorney.

Emergency Medical Services were called after an escalator in a crowded mall malfunctioned, consequently injuring five people.

The Emerald Square Mall in Attleboro, Massachusetts was particularly busy that day due to a scheduled performance by Disney Channel star Selena Gomez. Witnesses say Gomez was preparing for her next performance when droves of fans raced towards her, some of whom were running up a nearby escalator to reach the third floor where Gomez was performing.

As the fans were running up the escalator, the escalator suddenly began to reverse its direction. This naturally caused people to lose their balance and, according to witnesses, an avalanche of people fell backwards to the second floor.

Three of the 5 people injured were treated by paramedics at the scene, but two were transported to a local hospital.

Police are still conducting an investigation to determine what caused the escalator to malfunction. Depending on the police’s findings, the victims may have grounds to file a premises liability lawsuit against the mall. Premises liability laws state that property owners are responsible for making sure their grounds are safe at all time, which includes making sure any equipment on the property is in good working order. If it is discovered that the mall owner failed to properly maintain the escalator, the victims could stand to recover compensation for their medical bills, lost wages, and pain and suffering.

For more information about filing a premises liability lawsuit, please contact Lanier Law Group to arrange a consultation with an experienced North Carolina personal injury lawyer.

Premises Liability is the area of personal injury law that governs injuries sustained on the property of another. Premises liability laws state that property owners are responsible for maintaining a safe premises at all times, and for making sure any defect or danger on the property is taken care of in a prompt fashion. When a property owner fails to notify guests or patrons about a dangerous or defective condition on the property, or fails to fix the problem quickly, they can be held liable in a premises liability lawsuit.

There are numerous types of premises liability claims. Some of the more common types of claims include:

• Slip and falls: a condition on the premises causes a person to slip and fall
• Trip and falls: a condition on the premises causes a person to trip and fall
• Dog bites: dog owners can be held liable if their dog bites, attacks or injures a person
• Elevator accidents: sometimes a defect can cause an elevator to fall or malfunction. Property owners are responsible for making sure all equipment on the property is in good working order and is safe for people to use.
• Assaults & attacks: Property owners also have a responsibility to ensure their property is safe and secure. If a person is attacked or assaulted, they can file a premises liability lawsuit against the property owner on grounds of negligent or insufficient security.
• Exposure to hazardous or toxic materials: Exposure to a dangerous or toxic chemical or material can lead to serious health complications or even death. 

These are just some of the accidents and injuries that fall under premises liability law. If you are interested in learning whether or not you have a valid premises liability lawsuit, contact Lanier Law Group today to speak with a North Carolina personal injury attorney about your legal rights and options!