North Carolina Premises Liability Lawyer
If you were injured from a fall due to a hazardous condition on someone else’s property, you may be contemplating a lawsuit against the property owner, and wondering whether that is the right move. One of the factors you will certainly want to consider is how much your slip and fall claim might be worth. The short answer is: It depends. Each case is different. Each venue (where you file a lawsuit) is different. However, there are some common considerations that should help you get a feel for what your claim may be worth. For purposes of this article, the assumption will be that you have a valid slip and fall claim, and you merely want to determine how much it is worth.
A slip and fall injury, also known as a trip and fall, is a premises liability claim, a type of personal injury claim or case based on a person slipping (or tripping) on the premises of another and, as a result, suffering injury. It is a tort. A person who is injured by falling may be entitled to monetary compensation for the injury from the owner or person in possession of the premises where the injury occurred
Getting hurt is really awful especially if it’s because someone else’s negligence resulted in your injury. If you are injured on someone else’s property and that landowner was negligent, you may have a claim against them. North Carolina premises liability lawyer H Bright Lindler is here to help you get the fair results you deserve. Call today to get started.
Laws Involved in a Premises Liability Claim
Landowners in North Carolina owe you a standard of care when you are visiting on their property. They are supposed to reduce hazards on their property to protect you from harm.
This standard of care is designed to protect anyone who is lawfully visiting on their property and excludes trespassers. They are responsible for keeping everything well maintained, clear of hazards, clean, and secure. If they fail to do this, you likely have a claim against them for premises liability.
You can recover damages for this incident if you can prove that the landowner was negligent in their mission to protect you. You must then prove that this negligence is why you were harmed. You need to show that the landowner knew of the dangers of their negligence and did nothing to rectify it knowing that someone could and likely would eventually get hurt. This is what your North Carolina premises liability lawyer helps you do.
An exception to this would be if there is something that cannot be fixed within reason. For example, if they had property that had a natural cliff-like formation, they would only need to give visitors warnings of the hazards of that area.
Anyone who is on the property illegally is not going to be able to bring a claim if they are hurt. These rules don’t apply to a trespasser on the property. If you were lawfully on a property but the landowner is accusing you of trespassing to get out of being a liable party, we can look into this and see what we can do to continue to protect your rights to compensation.
Common Premises Liability Case Types
There are truly countless ways you can get hurt on someone else’s property that could make you eligible for a premises liability claim. People get hurts all kinds of different ways all the time. The most common types of premises liability cases a North Carolina liability lawyer handles include the following:
Slip and Falls
It is one of the most common types of injury cases in general. You might slip and fall at the grocery store, a mall, a restaurant, and so on. In a claim like this you will have to prove that the landowner here knew about the hazard but didn’t fix anything. For example, perhaps you slipped in a drink that a waiter dropped but hadn’t been cleaned up. They should have put up a hazard sign while in the process of cleaning it to avoid anyone getting hurt while no worker was by the spill to warn visitors.
Defective or Improperly Maintained Things on a Property
This could be a rotten front porch that someone gets hurt on while it collapses or railings that snap off and result in someone tumbling down the stairs.
Issues with Security on the Premises
The landowner is supposed to know about the crime in the area. If they are not taking measures to prevent violent crimes for example, they are going to be liable for your injuries relating to this crime.
Getting Bit by a Dog
Getting bit or attacked by a dog on someone else’s property may constitute at a premises liability case. That is something you would need to discuss with your North Carolina premises liability lawyer.
How the Insurance Company Plays a Role in Your Claim
You can be compensated by the insurance company that represents the landowner. That is considered liability insurance that is homeowner’s liability insurance. For a business it is going to be a general liability policy.
Sometimes you can get your damages covered for your injury on the landowner’s property even if they didn’t directly cause your injury. They may be able to provide that through no-fault insurance or med pay coverage.
If you’ve been hurt, make sure your first step is to report your injuries to the landowner so that they have record that you were involved in an accident on their property and things can commence through their insurance.
Call Our North Carolina Premises Liability Lawyer Today
A landowner in North Carolina has a duty to prevent injuries from happening to their visitors. If you’re hurt because a landowner was negligent and that lead you to be seriously injured, please call us today. Our North Carolina premises liability lawyer H Bright Lindler is here to help you navigate the legal process and get through any challenges you may encounter.