Premises Liability

Premises Liability Lawyers Serving Injured Victims in North Carolina

A premises liability lawyer represents someone who was injured on someone else’s property, due to an unsafe condition caused by some negligent action or inaction of the property owner or the property manager. Ranging from slip-and-fall injuries at a residence or a store to dog bites or construction site accidents, these incidents can have significant implications for the lives of injury victims. If you have been injured on someone else’s property in North Carolina, an experienced premises liability lawyer at ER Law can identify negligent actions towards establishing liability and help you navigate the legalities to pursue a personal injury claim.

If you were injured on someone’s property, it does not mean that the property owner was automatically negligent. Not every accident or injury on someone else’s property is due to the property owner’s carelessness. To prove negligence for a premises liability claim in North Carolina, you and your attorney will need to show that the owner or manager of the property knew or should have known that the condition existed to make their property unsafe for visitors, and that they still failed to properly address the issue to resolve it.

Contact the experienced premises liability attorneys at ER Law Trial Lawyers today to schedule a free consultation, during which we will assess the unique details of your case and devise a tailored case strategy to seek appropriate compensation for your losses by demonstrating that the property owner or manager failed to use reasonable care to prevent an injury you suffered due to a dangerous condition on the property in question.

Types of Premises Liability Cases in North Carolina

Premises liability refers to holding negligent property owners or managers of properties liable for injuries and losses suffered by visitors. There are many types of dangerous conditions that can lead to premises liability cases, including the following:

• Slip and Fall Accident
• Construction Accidents
• Dog Bites
• Injuries in a Store
• Snow and Ice accidents
• Inadequate Maintenance of the Premises
• Negligent Security
• Elevator Accidents
• Balcony Accidents
• Swimming Pool Accidents
• Toxic Fumes or Chemicals
• Industrial Site Accidents

North Carolina premises liability law generally requires property owners to keep properties free of dangerous conditions in order to protect visitors. Premises liability lawyers help their injured clients seek maximum compensation for medical bills, pain and suffering, lost wages, or other applicable damages after they have suffered an injury on public or private property.

Statute of Limitations for Premises Liability Claims in North Carolina

In North Carolina, the statute of limitations for premises liability cases is three years from the date of the accident. This means that if you are injured on someone else’s property due to their negligence, you must file your lawsuit within three years from the date of your injury. If you fail to do so, your claim may be barred, and you may lose your right to seek compensation for your injuries.

It’s essential to act quickly after an accident. Evidence can be lost or destroyed over time, and witness memories can fade. Starting the process as soon as possible helps ensure that crucial evidence is preserved. Additionally, working with an experienced premises liability attorney from the outset can help you to effectively navigate the complexities of these cases, gather necessary evidence, and advocate for your rights.

Contributory Negligence: Evaluating Your Premises Liability Case in North Carolina

Premises liability attorneys evaluate an injured person’s case by assessing several key factors, including whether property owners had a duty of care to the injured party, and whether that duty was breached. This involves assessing whether the property owner knew or should have known about the dangerous condition that led to the injury. Your attorney will evaluate the severity and extent of the injuries, including medical costs, lost wages, potential future expenses, and also non-economic damages like pain and suffering.

One additional crucial aspect that a premises liability attorney in North Carolina will be attentive to is the state’s contributory negligence rule. Under this rule, if you are found even 1% at fault for your injuries, you may be barred from recovering any damages. This makes the attorney’s role critical in proving that the injured party was not at fault for their own injuries.

A premises liability attorney plays a vital role in evaluating an injured person’s case and potential damages in North Carolina. Our premises liability attorneys at ER Law Trial Lawyers will carefully review the details of the events surrounding your injury, given the state’s strict contributory negligence rule.

Types of Damages and The Value of Your Premises Liability Claim

In a premises liability claim in North Carolina, an injured person may be entitled to seek both economic and non-economic damages.

Economic Damages in a North Carolina Premises Liability Claim

Economic damages are tangible and more directly quantifiable costs related to the injury. They include medical expenses for treatment and rehabilitation, damaged property, loss of income due to inability to work, and diminished capacity to earn future income if the injury leads to long-term disability.

Noneconomic Damages in a North Carolina Premises Liability Claim

Noneconomic damages, on the other hand, aim to compensate for more subjective intangible losses that don’t clearly have a specific monetary value — though our attorneys are experienced in determining appropriate monetary amounts to claim for such damages. These can include pain and suffering, emotional distress, and loss of enjoyment of life.

The Value of Your Premises Liability Case

The sum of these damages determines the estimated value of a premises liability case. It’s important to note that North Carolina does not cap the amount of economic or non-economic damages in the majority of personal injury cases, which means the total value of premises liability settlements can vary significantly based on the specifics of the injury and its impact on the claimant’s life.

An experienced premises liability lawyer at ER Law Trial Lawyers can assess the value and viability of your premises liability claim during a free consultation.

Slip and Fall Premises Liability Cases in North Carolina

Slip-and-fall accidents, a specific subset of premises liability cases, have unique considerations that set them apart. These incidents often occur under various scenarios, each with its own type of negligence, and they often leave injured parties in difficult and complicated situations. We help our injured clients navigate these challenges and seek compensation for their injuries in the context of a holistic recovery strategy.

Slip-and-Fall Accident Scenarios and Premises Liability Cases

Slip-and-fall accidents can happen due to different environmental factors both inside and outside. Indoor factors can include loose rugs, electrical cords, poor lighting, or uneven, buckling, or missing flooring. Outdoor factors can involve wet or greasy surfaces, clutter and debris, or uneven ground.

The primary consideration in these cases is the negligence of the property owner or property manager. This usually involves proving that the owner knew or should have known about the hazardous condition, but failed to take appropriate action. These circumstances can involve improper cleaning, lack of hazard warnings, or nonexistent or improper safety measures.

Premises Liability Claims for an Injury at a Store in North Carolina

Injuries that occur in stores encompass a range of scenarios, each with its own form of negligence and range of potential injuries to victims.

Scenarios for Store-Related Injuries in North Carolina

Store-related injuries often occur due to slip and fall accidents, which are a very common type of incident in this setting. Other scenarios include being struck by falling merchandise or sustaining injuries due to poorly lit areas. Repetitive stress injuries can also be a concern, especially for store employees.

Negligence in cases involving an injury at a store can include overstocking issues, uneven distribution of goods, insufficient signage, or failure to conduct routine inspections. The owner’s failure to promptly address any potential hazards, such as unmarked wet spots or debris left on the floor, can also contribute to injuries.

Following an injury in a store, the injured party should document evidence of the incident, seek medical treatment, and speak with an experienced premises liability attorney.  Individuals injured in a store might experience a range of injuries from sprains and pulled muscles to more severe injuries like head trauma and spinal or neck injuries.

Construction Accidents and Premises Liability Cases in North Carolina

Construction accidents, often a significant subset of premises liability injuries and/or workplace injuries, can occur under various circumstances. An experienced injury attorney can assess your construction accident case and provide you guidance regarding your ability to seek compensation and the appropriate next steps.

Common Construction Accident Scenarios in North Carolina

Construction sites are hazardous environments where accidents frequently occur. Common construction accident situations include falls from height, being struck by objects, electrocutions, and being caught in or between objects. Other scenarios might involve machinery malfunctions, scaffolding collapses, and exposure to harmful substances. In some cases, individuals passing by, trespassing upon, or in the vicinity of a construction site may be injured due to the carelessness of the people in charge of or working on the construction site.

The primary consideration in these cases is the negligence of the construction company or contractors. This can involve failing to implement or adhere to safety protocols, neglecting regular site inspections, not providing adequate training, or failing to provide appropriate personal protective equipment. In some cases, the degree of control that a defendant exercised over the specific place can determine their responsibility.

Individuals injured in construction accidents may also need to navigate workers’ compensation claims and address the possibility of third-party injury claims, given the occupational nature of these injuries.

Premises Liability Injuries at Work

Work-related injuries due to premises liability issues vary greatly, but injured parties will typically need to navigate and distinguish among workers’ compensation claims or third-party injury claims. In some cases, independent contractors that are separate from employers could be held liable for employees’ injuries.

Scenarios for Work-Related Injuries Involving Premises Liability in North Carolina

Work-related injuries often occur due to slip-and-fall accidents, which are common in workplaces. Other scenarios include being struck by falling objects, electrocutions, or being caught in or between machinery or objects. Exposure to toxic and hazardous substances can also lead to injuries.

Dog Bites and Premises Liability Claims in North Carolina

Dog bite injuries are also categorized as premises liability cases. While they often occur on residential property, loose and dangerous dogs are sometimes also present on commercial land. Whether they remain stationary or they roam onto others’ land, these animals remain the property of their owners, who are responsible for the harm they cause to others.

Premises Liability Scenarios for Dog Bite Injuries in North Carolina

Dog bite injuries often happen when a dog is not properly secured, or when an individual enters a property where a dog is present. Other scenarios may involve a dog escaping from its owner’s property and causing harm.

In these cases, the primary consideration is often the negligence of the dog’s owner or the property owner. This can involve failing to secure the dog properly, ignoring signs of aggressive behavior, or failing to warn others about the dog’s potential danger. In some cases, landlords could be held liable for tenants’ dogs if they knew of the dog’s dangerous propensities.

Injured parties in these cases might need to navigate insurance claims related to the incident. Our attorneys can evaluate your case to determine your next steps.

Work With Our Experienced Premises Liability Attorneys

Hidden defects can manifest in various ways on a property, such as black ice, deteriorated flooring, slick surfaces due to water or other clear liquid, uneven walkways, or falling objects. It is the responsibility of premises owners to ensure their property is free from such hazards, as failure to do so can lead to injuries for which they would typically be liable.

In North Carolina, the determination of whether such incidents can give rise to a legal claim for compensation involves a complex set of rules. Many times, property owners fail to prevent or warn against dangerous conditions that can cause serious injuries. The knowledgeable injury lawyers at our law firm can assess the viability and value of your injury claim.

How a Premises Liability Attorney at ER Law Trial Lawyers Can Help

A premises liability attorney at one of ER Law’s offices in Greensboro or Reidsville can assist an injured client in numerous ways from the start to the end of their case:

• Case Evaluation: Your attorney can help to determine whether the client has grounds for a claim based on the circumstances surrounding the injury. At ER Law Trial Lawyers, our law firm offers a free case evaluation for individuals in North Carolina who have suffered injuries on someone else’s property.
• Identifying Responsible Parties: Your premises liability lawyer will identify the parties responsible for maintaining the property where the injury occurred, assessing whether these parties may be liable for the injury.
• Gathering Evidence: Your attorney will gather evidence to prove negligence, such as inspection records, photographs of the accident scene, and witness statements.
• Evaluating Damages: Your attorney can calculate damages, including medical bills, lost wages, and pain and suffering.
• Negotiating With Insurance Companies: Your attorney can handle communications and negotiations with insurance companies to ensure you are seeking appropriate and fair compensation for your injuries and losses.
• Filing a Premises Liability Lawsuit: If negotiations fail to yield an appropriate settlement, your attorney can file a premises liability lawsuit on your behalf and represent you in court.
• Advocacy: Throughout this process, your premises liability lawyer will advocate for your rights and interests.

At ER Law Trial Lawyers, we begin with a free case evaluation to assess whether your injury was caused by the negligence of a property owner.

Schedule a Free Consultation with ER Law Trial Lawyers in Greensboro, North Carolina

Safeguard your interests and move forward with confidence by working with an experienced premises liability attorney from the beginning of your case. Gain the peace of mind that comes with knowing you are in capable hands at ER Law Trial Lawyers. Let us advocate fiercely on your behalf. We are ready to listen, understand your needs, and identify solutions for your future.

Call us today at (336) 904-9000 or fill out our online form to request a free consultation to discuss your personal injury case. Our premises liability lawyers can help you understand the full range of your damages while reviewing the details surrounding the incident that caused your injury and devising your case strategy.

For your convenience, we are accessible to discuss your case by phone, over Zoom, or in person at either of our offices in Reidsville or Greensboro, North Carolina. We proudly serve North Carolina residents in both Guilford County and Rockingham County.

Protecting Your Rights