Premises Liability FAQs
In premises liability cases in North Carolina, owners and occupiers of land have a duty to exercise reasonable care in the maintenance of their premises for the protection of lawful visitors. Reasonable care requires that the landowner not unnecessarily expose a lawful visitor to danger and to give warning of hidden hazards of which the landowner has express or implied knowledge. However, a landowner has no duty to warn of obviously unsafe conditions or conditions of which the visitor has knowledge. A premises liability case requires you to prove that the landowner breached this duty to exercise reasonable care and this breach caused you injury.
- What is premises liability?
- What damages may I recover from a premises liability claim?
- What do I need to prove to recover damages?
- How much will a product liability claim cost?
- How soon do in need to file a claim for damages?
- Who could I sue for my injuries?
- What are the classifications of property entrants?
- What is the major difference between an invitee and a licensee?
- What should I do if I slipped and fell in a store?
- If I slip on something in a store, am I guaranteed a recovery?
At Riddle & Brantley, our premises liability lawyers have over 160 years combined legal experience and are prepared to put this experience to use for you. Each of our attorneys takes pride in standing up for their clients and demanding the compensation they deserve for all losses and damages.
To learn more, call 1-800-525-7111 or complete the Free Case Evaluation form on this page.
Frequently Asked Premises Liability & Slip and Fall Accident Questions
What is premises liability?
The owner of any commercial or residential property has the duty to maintain a safe premises to avoid the risk form injuries to its visitors. This requires the owner to provide warnings of dangers including defects and conditions that could result in a slip and fall. The property owner is also responsible for any malfunctioning elevators along with all injuries associated with inadequate lighting or security.
What damages may I recover from a premises liability claim?
Any financial losses may be recovered in a premises liability claim including lost wages, income, and any medical expenses associated with the injury. Additionally, a person may be able to recover damages for loss of consortium and companionship.
What do I need to prove to recover damages?
Premises liability claims are based off negligence; therefore, you must prove that the offender breached the commonly accepted duty to exercise due care. Based on your facts, the jury will determine if a breach occurred.
How much will a product liability claim cost?
Each of our premises liability lawyers operate on a contingency fee basis, which means that we don’t charge attorney fees unless we are successful in obtaining a recovery or offer of settlement. In addition, we also offer free case evaluations if you believe you may have a premises liability case.
How soon do in need to file a claim for damages?
The statute of limitation in the state of North Carolina for a premises liability claim is three years following the time of the injury or when the injury was discovered. After this time, a person will forfeit the ability to file a lawsuit against the negligent property owner.
Who could I sue for my injuries?
Any person associated with the cause of your injuries may be held liable for damages. In order to establish this, an individual must demonstrate that all injuries sustained were predictable by the property owner or offender.
What are the classifications of property entrants?
There are three primary classifications of property entrants, these include trespassers, invitees and licensees.
What is the major difference between an invitee and a licensee?
Most often, a property owner holds a greater level of duty than invitees. An invitee may enter a property with permission from the processor for the benefit of the possessor. Often times, store customers and visitors to public buildings are considered invitees. A licensee may enter a property with permission from the owner for the licensees own purpose. Any party guests are considered licensees.
What should I do if I slipped and fell in a store?
The first thing you should do is report the incident to the store manager or an employee. It is important that the incident be reported so that the incident is recorded and the store may provide you important information about any insurance and how to report a claim. An incident report is also helpful in recording the events which caused you to fall and preserve the date and time on which the incident occurred. Next, you should seek medical attention if you are hurt. If you are hurt, then you may want to speak with an attorney. These cases are very difficult in North Carolina due to contributory negligence. Insurance companies know this and they may try and deny your claim on this basis.
If I slip on something in a store, am I guaranteed a recovery?
No. Just because there is something on the floor that causes you to fall does not mean that the store is liable. It must be proven that the store either knew that it was on the floor or should have known that it was on the floor for them to be found negligent. Also, the law places the burden of walking with reasonable care on you the visit and if the substance is noticeable to the extent that a reasonable person using ordinary care should have seen it then you may be contributory negligence which would bar you from any recovery.
Contact Our North Carolina Premises Liability & Slip and Fall Accident Lawyers
At Riddle & Brantley, we are one of the major law firms in North Carolina. Whether we are handling a slip and fall case, or a dog bite case, we will focus on your issues. Because of our knowledge handling various cases like yours, we have the understanding that is crucial in building a case to produce the finest possible conclusion for your set of facts, and find justice for you and your family.
Contact us at (800) 525-7111 or complete the free case evaluation form, for a free consultation with one of our premises liability lawyers. We are available to visit you at home, in the hospital, or in the nursing home. Flexible appointment times are also available. Sè habla Español.