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Premises Liability in North Carolina: What You Need to Know

Premises liability in North Carolina refers to the responsibility of property owners to ensure a safe environment for visitors. If hazardous conditions lead to an injury, the property owner may be held liable.

Types of Visitors and Duty of Care

The duty of care varies based on the visitor’s classification:

Invitees

  • Definition: Individuals who enter a property for mutual benefit, such as customers in a store.
  • Duty of Care: Property owners must maintain safe conditions, conduct inspections, and warn of known hazards.

Licensees

  • Definition: Social guests or those entering for personal benefit with permission.
  • Duty of Care: Property owners must warn of known hazards that are not obvious.

Trespassers

  • Definition: Individuals entering a property without permission.
  • Duty of Care: Limited; property owners must avoid intentional harm but are not required to make the premises safe.

Premises Liability in North Carolina - Common Cases

Slip and Fall Accidents

Hazards like wet floors, uneven surfaces, or debris can cause serious injuries.

Inadequate Maintenance

Unsafe property conditions, including broken stairs or faulty railings, may lead to liability claims.

Negligent Security

Property owners may be liable for crimes occurring due to inadequate lighting, lack of security personnel, or broken locks.

Dog Bites

Owners can be held responsible if a dog is known to be dangerous or if negligence contributed to the attack.

Swimming Pool Accidents

Pool owners must ensure safety measures are in place to prevent drowning or slip and fall injuries.

Fire Hazards

Negligence in preventing or containing fires can lead to liability for damages or injuries.

Elevator Accidents

Failure to maintain elevators can result in serious injuries, making property owners or maintenance companies liable.

Proving a Premises Liability Claim in North Carolina

To succeed in a premises liability case, the injured party must establish:

  1. Duty of Care: The property owner owed a duty to the injured party.
  2. Breach of Duty: The owner failed to uphold that duty.
  3. Causation: The unsafe condition directly caused the injury.
  4. Damages: The victim suffered losses like medical bills, lost wages, or pain and suffering.

Defenses Against Premises Liability Claims

Property owners may use these defenses to fight liability claims:

No Negligence

Demonstrating that reasonable steps were taken to maintain safety.

Contributory Negligence

North Carolina law bars compensation if the injured party is even 1% at fault.

Assumption of Risk

If the injured party knowingly took a risk, the owner may not be liable.

Open and Obvious Hazard

If the danger was clearly visible, the injured person may be held responsible.

No Knowledge of Hazard

The owner may argue they were unaware of the danger.

Trespassing

Trespassers generally have limited rights to seek damages.

Lack of Causation

If the condition did not directly cause the injury, the owner may not be held liable.

Unforeseeable Events

Natural disasters or third-party actions may absolve the owner of liability.

Compliance with Laws

If the owner followed building codes and safety regulations, they may not be at fault.

Statute of Limitations

In North Carolina, premises liability claims must be filed within three years from the injury date.

Need Legal Help? Contact Barham McCoy

If you’ve suffered an injury due to hazardous property conditions, Barham McCoy is ready to assist. Speak with an attorney immediately to protect your rights and avoid damaging your claim.

Note: This content is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for advice regarding your specific situation.

Attorney Shawndria McCoy and Attorney Nekia Barham from North Carolina Law Firm

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