North Carolina Premises Liability Lawyers
Serving Clients Throughout the State Since 1997 for More Than 30 Years
Both private and public property owners have a duty of reasonable care to guests, visitors, and others who are legally on their premises. This means that property owners are responsible for conducting proper premises upkeep and maintenance, limiting dangerous conditions, and/or warning visitors of any hazards that may exist. When property owners fail to do this, they put innocent people at risk.
If you were injured on someone else’s property and you believe a negligent property owner, manager, or another party was at fault, reach out to the team at Lanier Law Group, P.A.. Our North Carolina premises liability lawyers can help determine if you have grounds for a claim and, if so, what compensation you may be entitled to receive. We are prepared to put decades of experience and our aggressive, personalized approach to personal injury law on your side.
What Is Premises Liability?
Premises liability refers to the responsibility of property owners to keep reasonably safe premises for visitors. This applies to anyone who is legally on the property, such as an invited guest, a customer, an employee, a tenant, or anyone in a public place, such as a park.
However, the law does not typically afford such protections to those who are unlawfully on public or private property, such as trespassers.
To bring a premises liability claim in North Carolina, you will need to prove the following elements:
- The property owner owed you a duty of care (in other words, you were lawfully on the property)
- A dangerous condition existed
- The property owner knew of or should have known of the dangerous condition
- The property owner failed to take reasonable action to fix, address, or warn of the dangerous condition
- You were injured as a result
- Due to your injuries, you suffered damages (medical bills, lost wages, pain and suffering, etc.)
“Dangerous conditions” vary but often include things like spilled merchandise, accumulated water or ice, improper signage, unsafe swimming pools, improper or inadequate maintenance, unsafe stairs, lack of proper hand rails, inadequate lighting, lack of security in high crime areas, falling overhead merchandise and more.
Types of Premises Liability Claims We Handle
At Lanier Law Group, P.A., our North Carolina premises liability attorneys are well-versed in these types of claims. We know the law, and we know how to thoroughly investigate all aspects of your claim to build a solid case on your behalf.
We represent clients in all types of premises liability cases, including those involving:
- Dog bites
- Slip and falls
- Exposure to dangerous substances
- Falling objects
- Inadequate security
- Retail store injuries
- Drownings
- Electrocution
Whether you were injured in a grocery store, slipped and fell at work, or were assaulted in a parking garage that lacked security lighting and personnel, we can help. Each of our premises liability lawyers is dedicated to fighting for the justice and maximum compensation you deserve.
North Carolina’s Premises Liability Laws
If you’ve been injured on someone else’s property in North Carolina, understanding the state’s premises liability laws is crucial to pursuing a successful claim. North Carolina has specific laws that govern property owner responsibilities, the legal status of visitors, and how fault is determined in premises liability cases.
Contributory Negligence & Premises Liability
North Carolina follows the doctrine of contributory negligence, one of the strictest rules for determining fault in personal injury cases. Under this law, if the injured party is found to be even 1% at fault for the accident, they may be barred from recovering compensation. This can significantly affect your premises liability claim, as property owners often argue that the injured person contributed to their own injury by not paying attention or by engaging in risky behavior. There is difficult caselaw from the North Carolina Supreme Court inputting contributory negligence to a victim who passed the dangerous condition on the way in but was injured by it on the way out. Having a tough attorney who knows the law in your corner is critical to overcome this.
Duty of Care to Visitors
North Carolina abolished the distinction between invitees, who are on the property for the benefit of the owner like a store, and licensees, who are invited guests. Now in North Carolina the landowner owes the same duty of reasonable care to any lawful visitor on the property.
The only duty of care owed to adult trespassers is the duty to refrain from intentionally harming them.
Premises Liability for Trespassing
North Carolina law generally does not provide protection for individuals who are trespassing on private or public property. However, there are exceptions, particularly for children who may trespass due to an “attractive nuisance.” Property owners can be held liable if a child is injured by a dangerous condition on the property, especially if the hazard was something likely to attract children, such as a swimming pool without proper fencing or a piece of equipment left in a yard.
Additionally, if a trespasser is injured due to a willful or wanton act by the property owner, such as setting traps or intentionally creating dangerous conditions, the owner may be held liable for the injuries.
Landlord & Tenant Premises Liability
In North Carolina, landlords have a duty to maintain safe conditions on rental properties. This includes common areas such as hallways, staircases, and parking lots. If a tenant or visitor is injured due to a dangerous condition that the landlord knew about or should have known about, the landlord could be held liable.
However, tenants also have responsibilities. If a tenant is aware of a dangerous condition inside their unit and fails to notify the landlord, they may have difficulty proving landlord negligence in a premises liability claim.
North Carolina’s Statute of Limitations for Premises Liability Claims
In North Carolina, the statute of limitations for filing a premises liability claim is three years from the date of the injury. This means you have three years to file a lawsuit against the property owner or manager. If you fail to file your claim within this timeframe, you may lose your right to seek compensation, no matter how strong your case is.
Types of Premises Liability Cases in North Carolina
Premises liability cases in North Carolina can arise from a variety of situations, including:
- Slip and fall accidents in stores, parking lots, or other public areas
- Inadequate security leading to assaults in parking garages, apartment complexes, or public venues
- Dog bites when a property owner fails to restrain a dangerous animal
- Swimming pool accidents due to lack of fencing or supervision
- Exposure to hazardous substances, such as mold or lead, in rental properties
Request a Free Consultation with a Premises Liability Lawyer
With multiple office locations throughout North Carolina as well as a large team of experienced attorneys and legal staff, Lanier Law Group, P.A. is equipped to handle your premises liability claim. We can discuss your premises liability case options at our Asheville, Charlotte, Burlington, Durham, Piedmont Triad, Greenville, Fayetteville, Raleigh, or Wilmington office.
If you can’t make it out to one of our offices, we can travel out to meet with you. We offer free initial consultations and provide our services on a contingency fee basis—if we don’t recover compensation in your case, you don’t pay.
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- Can You Sue Over a Dog Bite in North Carolina?
- Why You May Want Liability Insurance for Your Dog
- Can You Sue for a Slip and Fall in a Raleigh Walmart?
