Determining Liability
A property owner is not always responsible for the injuries sustained by others on their properties. To be held liable for a premises liability claim, the property owner must:
- Owe the inured party a duty of care. This occurs if you are on the property legally and have not entered into an off-limits or closed area of the property, or are otherwise trespassing.
- Know about the dangerous condition that exists on their property, or they must have reasonably had an opportunity to discover it.
- Fail to make necessary repairs or remediations to prevent harm to others who might enter the property.
If these conditions are met, and you are injured as a result (and have a serious enough injury to warrant a claim), then the property owner may be seen as liable.
Most Common Premises Liability Claims
In North Carolina, some of the most common claims that arise under the umbrella of premises liability include:
- Failure to maintain the property: Various elements of a property can become perilous with a lack of maintenance. From elevators to appliances and light fixtures—if something malfunctions or is improperly maintained, causing an injury, the property owner can be held accountable.
- Slip and fall perils: Typically cited most often as grounds for a premises liability claim, slip and falls can be quite dangerous. They generally occur due to poorly maintained parking lots, sidewalks, and stairwells.
- Poor or no security: The onus is on the property owner and landlords to keep the premises safe for customers, employees, vendors, tenants, and others. When people sustain injuries due to break-ins or violent acts and poor security is to blame, property owners can be liable for injuries sustained.
- Dogs wandering at large: Unrestrained dogs can present a danger to others, especially if the dog is aggressive or known to be dangerous. Failing to leash the animal or to keep it properly restrained in some other way can result in the owner of the property being held accountable for injuries sustained from dog bite attacks or dog knock-down attacks.
A successful premises liability claim usually includes compensation for lost wages, medical bills, pain and suffering, and other damages. Current and future costs are generally taken into account.
How Can Our Mooresville, NC Premises Liability Attorney Help?
Reach out to the compassionate and knowledgeable team at Brown Moore & Associates, PLLC for a free consultation of your case by clicking here or calling us at 800-948-0577. Our Mooresville, NC premises liability attorney wants to help you hold the responsible party in your case accountable for their negligence while ensuring you recover the maximum amount of compensation possible under the law.
