Property Owners Duties to Guests and Visitors
Property owners in North Carolina, including both private and public owners of the property, owe guests, visitors, and other people who are lawfully present on their properties a reasonable duty of care. Property owners must keep their properties maintained and limit any dangerous conditions on the property (or warn people who enter the property of potential perils). When property owners fall short in this duty of care—putting others at risk of harm—they can be held accountable for any ensuing injuries. This duty of care is the basic tenet of premises liability law.
Premises Liability Claims
To bring a successful premises liability action against a property owner, property manager or landlord in North Carolina, some elements need to be proven. These include:
- The property owner, manager and/or landlord was duty-bound to keep the victim safe. Not all entrants into a property are owed a duty of care. The claimant must have been on the property legally.
- There was a dangerous condition on the property, and the owner of the property (or his agent such as a property manager or landlord) knew or should reasonably have known of its existence.
- Knowing or reasonably knowing that a dangerous condition existed, the property owner or agent failed to remedy the condition or warn others of the peril’s existence.
- The dangerous condition directly caused the claimant’s injuries.
- The injuries sustained were significant enough to cause the claimant to incur medical costs, lose wages at work, and experience pain and suffering.
Examples of Dangerous Conditions
There are many conditions that can be dangerous or that have the potential to become dangerous. Some of these include:
- Spilled liquids.
- Merchandise stacked in the path of shoppers.
- Water or ice accumulated on a sidewalk.
- Unsafe stairs.
- Poor or unsafe handrails.
- Swimming pools that can be accessed by neighborhood children.
- Improperly maintained elevators or escalators.
- Lead paint.
Some of the most common premises liability cases involve slip and fall accidents, such as when a shopper slips and falls in liquids on the floor. Dog bite cases are also quite prevalent, occurring when dangerous dogs attack claimants, either knocking them down, biting them, or even mauling them.
Get In Touch with Our Gastonia, NC Premises Liability Attorney Now
Damages in premises liability cases are typically a mix of lost wages, medical bills, and pain and suffering. Verdicts and settlements are typically enhanced by the severity of the premises liability injury and the existence of any lifelong disabilities, deficits, or impairments that result from the injury. Reach out to Brown, Moore & Associates, PLLC’s Gastonia, NC, premises liability attorney for help with your case. You can contact us for a free consultation by clicking here or calling us at 800-948-0577.
