If you have been injured while on someone else’s property, it can be difficult to know where to turn. At Phillips & McCrea, PLLC, we understand that you may be feeling overwhelmed and unsure of what steps to take next. Whether you were injured in a slip-and-fall accident, due to unsafe conditions, or because of another type of negligence, you have the right to pursue a case. We are here to help you understand your rights and guide you through the legal process. Our team is committed to helping you secure the best possible outcome for your case, offering empathy and dedication to ensure you get the support you need.
What is Premises Liability in North Carolina
Premises liability refers to the responsibility of property owners to ensure that their property is safe for visitors. If someone is injured on a property due to unsafe conditions, the owner may be held liable for the damages. This type of law applies to a wide variety of situations, such as slip-and-fall accidents, dog bites, accidents caused by poorly maintained equipment, or even injuries caused by inadequate lighting. The property owner has a duty to maintain a reasonably safe environment for visitors, whether they are there for business, leisure, or any other lawful reason.
Who is Responsible for Your Injury
In premises liability cases, determining who is responsible for the injury can be a complex process. Property owners, tenants, and even contractors who maintain the property may be held accountable for unsafe conditions. For example, if you were injured because of a wet floor in a grocery store, the store owner might be responsible. Similarly, if you were hurt due to a broken step in a rental property, the landlord may be liable.
To win a premises liability case, the injured person must prove that the property owner or another responsible party knew or should have known about the dangerous condition and failed to fix it. This is not always straightforward, as many cases involve questions about whether the owner had a reasonable amount of time to address the issue. If the condition was something that the owner could have fixed in a reasonable amount of time, they may be found liable for the injury.
Michael Phillips
Attorney
Marcel McCrea
Attorney
Natalie Andruczyk
Attorney
Types of Premises Liability Cases
Premises liability law covers a wide range of accidents, and each type of case may have different factors that affect the outcome. Some common types of premises liability cases in North Carolina include:
Slip and Fall Accidents
These are the most common types of premises liability cases. If you slip and fall because of wet floors, uneven surfaces, or other dangerous conditions, you may have a valid claim against the property owner.
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Inadequate Security
If you were injured on someone else’s property due to a lack of security measures, such as poor lighting or insufficient surveillance, the property owner may be held responsible.
Dog Bites
If you are bitten or attacked by a dog on someone else’s property, the owner of the dog may be liable for your injuries, depending on the circumstances.
Swimming Pool Accidents
Swimming pool owners are responsible for maintaining a safe environment. If you are injured at a pool due to faulty maintenance, poor signage, or lack of supervision, the pool owner may be responsible for your injuries.
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Defective Property Conditions
Property owners must keep their premises free from hazards. If a property is poorly maintained or has dangerous conditions, and you are injured as a result, the owner may be liable.
What to Do After an Injury on Someone’s Property
After an accident, it is crucial to take immediate action to protect your legal rights. The first step is always to seek medical attention, even if your injury seems minor. Some injuries may not be immediately apparent, and seeking treatment helps document your injury for future reference.
Once you are safe and your immediate medical needs are addressed, it is important to report the injury to the property owner or manager. If possible, try to take photos of the area where the accident occurred, as these can help show the dangerous condition that caused your injury. In some cases, eyewitness accounts can also be beneficial in supporting your claim.
If you decide to pursue legal action, keeping detailed records of your injuries, medical bills, and any communication with the property owner or insurance company is vital. This documentation will help your attorney build a strong case on your behalf.
How Negligence Plays a Role in Premises Liability Cases
In premises liability cases, the concept of negligence is often central to determining liability. Negligence occurs when a property owner fails to take reasonable care to ensure the safety of visitors. This can include failing to fix hazards in a timely manner, not providing adequate warnings about dangers, or not maintaining the property in a way that prevents injuries.
For example, if a store owner knows that there is a wet floor in an aisle and does nothing to clean it up or warn customers, the owner may be found negligent. If this negligence directly leads to an injury, the injured party may be entitled to compensation for medical expenses, lost wages, pain, and suffering.
The Importance of Timeliness in Filing a Premises Liability Claim
In North Carolina, as with most states, there are deadlines for filing a premises liability claim. This deadline is known as the statute of limitations, and if you do not file your claim within this time frame, you may lose your right to seek compensation. In most premises liability cases, the statute of limitations is three years from the date of the accident. However, this time frame may vary depending on the specifics of your case.
It is crucial to act quickly if you are considering legal action. The sooner you reach out to an attorney, the more time they will have to gather evidence, interview witnesses, and build your case. In addition, evidence can fade over time, and it may be harder to prove your case if too much time has passed.
How an Attorney Can Help You with Your Premises Liability Case
Navigating a premises liability case can be complicated, especially if you are dealing with an injury and are unsure of where to turn. That’s where the legal team at Phillips & McCrea, PLLC can help. We will work with you to understand the specifics of your case, gather evidence, and determine the best course of action.
Our team is experienced in handling premises liability cases and understands the complexities involved. We can assist you with everything from investigating the circumstances of your injury to negotiating with insurance companies and representing you in court if necessary.
If you or a loved one has been injured due to unsafe conditions on someone else’s property, do not hesitate to reach out to us. We are committed to helping you get the compensation you deserve for your injuries. Let us handle the legal details so you can focus on healing and moving forward with your life.
At Phillips & McCrea, PLLC, we are here to support you during this difficult time. With our knowledge, experience, and dedication to your case, we will work hard to help you achieve a successful outcome. Contact us today to discuss your premises liability case and take the first step toward securing your rights and seeking justice.