What Exactly is Premises Liability?
Premises liability occurs when you are injured while on someone elses ill-maintained, hazardous property. This type of liability comes into play in personal injury cases. Typically, there is a statute of limitations for bringing premises liability claims forward, which varies state by state.
Premises Liability Requirements in North Carolina
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 (you were lawfully on the property), a dangerous condition existed, and the property owner knew of or should have known of the dangerous condition. Essentially, the property owner’s negligence has to be proven to bring a successful premises liability claim.
What is the Difference between Premises Liability and Negligence?
Typically, while the two claims are similar, there is a higher burden of proof for premises liability than for negligence. General negligence involves negligent activity where an owner or occupier did what a person of reasonable intelligence in the same or similar circumstances would do. Premises liability, however, requires property owners or occupiers to use reasonable care to eliminate or reduce an unreasonable risk of harm created by a condition on the property which the property owner or occupier knew or should have known about in the exercise of reasonable care. Essentially, premises liability requires a slight duty on the property owner or occupier (a duty to use reasonable care to eliminate or reduce risks) while negligence does not require a duty to act, rather, negligence only requires a duty to not act in
Common Types of Premises Liability
One of the most common types of premises liability is slip-and-falls in a business establishment. This occurs when patrons of a business slip and fall while on the business premise due to the lack of care taken by the owner or occupier to reduce the danger of whatever caused the fall. This can often occur in restaurants or grocery stores when there is a puddle on the floor and the store employees notice (or should have noticed) and fail to mop up the liquid.
Another common type of premises liability is snow and ice accidents. This happens when there is an amount of snow/ice on the business premises that poses a risk to customers coming onto the premises and the owner or occupier knows or should know about the risk caused by the snow/ice.
A few more types of premises liabilities are inadequate maintenance of the premises, dog bites, swimming pool accidents, fires, and inadequate building security leading to injury or assault.
Remedies for Successful Premises Liability Claims
If the premises liability claim is successful, the property owner will be responsible for many types of damages to the party who was injured. Some common types of these damages are medical bills in the short term, medical bills in the long term, property damage, lost income, pain and suffering, and physical and occupational therapy.
If you have been injured on someone else’s property due to their negligence, it is important to seek legal counsel as soon as possible. At King Law Offices, our experienced attorneys can help you navigate the complex legal process of premises liability claims in North Carolina. With our expertise, we can help you determine if you have a case, gather evidence, and negotiate with insurance companies on your behalf. Contact us at (888)-748-KING to schedule a consultation and discuss your options. Remember, you don’t have to go through this alone. Let us fight for the compensation you deserve.