If you were injured on someone else’s property in Charlotte, North Carolina, you may have the right to file a premises liability claim if your injury was caused by negligence. However, understanding your legal rights and options after an accident can be daunting, especially when you’re dealing with serious injuries.
An experienced Charlotte premises liability lawyer from Elrod Pope Accident & Injury Attorneys can help you navigate the complex legal process. We have over 150 years of combined experience helping accident victims throughout South and North Carolina. For more than 45 years, we have fought tirelessly to uphold the rights of the injured. Call us today to arrange a free consultation to discuss your legal options at (980) 340-8620.
How Can Elrod Pope Accident & Injury Attorneys Help Me After an Injury?
Property owners and occupiers have a legal duty to maintain their properties to prevent foreseeable injuries to visitors in Charlotte, NC. When they violate this duty, you have the right to recover compensation for your medical bills, lost wages, and other damages. However, proving what caused your injuries and why the defendant is legally responsible can be difficult.
When you hire a Charlotte personal injury attorney from Elrod Pope Accident & Injury Attorneys, we can help by:
- Explaining your legal rights during a free case review
- Investigating the accident and factors that contributed to your injuries
- Identifying all parties responsible for your injuries
- Gathering evidence to prove fault
- Assembling evidence of your losses
- Filing your insurance claim
- Handling all communication with insurance companies
- Fighting for maximum compensation
Our lawyers have a combined 93 years of experience. Let us handle your legal claim while you focus on healing. Call today for a free initial consultation.
What Is Premises Liability?
Premises liability is the area of law that establishes property owners’ responsibilities and the legal consequences when they do not uphold them. In essence, this area of law holds property owners responsible when dangerous conditions on their property lead to injuries to visitors.
What Are Property Owners’ Responsibilities?
Some states base a property owner’s responsibilities on the visitor’s legal status, differentiating between the duties owed to an invitee (such as a customer) or a licensee (such as a social guest). In North Carolina, the property owner’s legal responsibility is the same regardless of the visitor’s status: the duty of reasonable care not to unnecessarily expose visitors to dangerous situations and warn them of any hidden hazards.
This responsibility does not extend to trespassers. Property owners must only refrain from intentionally harming trespassers. However, child trespassers are treated differently under the law when the property owner maintains an attractive nuisance on their property. The law recognizes that children are vulnerable and may not recognize the dangers certain conditions present due to their age or lack of experience.
Property owners must exercise reasonable care to remove a danger that is likely to attract a child onto the property or to adequately warn about it. Depending on the circumstances, this duty may require property owners to secure access to an abandoned structure, install a fence, or take other corrective action.
What Types of Conditions Can Lead to a Premises Liability Case?
Premises liability cases arise due to hazardous conditions on the property, such as:
- Ice and snow accumulation
- Wet or slippery floors
- Uneven flooring
- Lack of transitions between different flooring types
- Missing handrails
- Cracked or uneven pavement
- Broken steps
- Insufficient lighting
- Lack of warning signs
No matter what caused your premises liability accident, we can help.
Types of Premises Liability Cases
Just as various hazardous conditions can lead to premises liability cases, various types of situations can lead to viable legal claims against property owners, including:
- Slips and falls: Slip and fall accidents are one of the most common types of premises liability claims. These accidents can occur due to wet floors, missing handrails, uneven flooring, and other hazardous conditions.
- Dog bites: Property owners can be held responsible when their dog or a dog they have allowed on the property injures someone else.
- Ceiling collapses: Ceiling collapses can occur when properties are not properly maintained, or appropriate safety measures are not put in place while people are repairing the roof or ceiling.
- Inadequate maintenance: Inadequate maintenance can cause injuries that would have otherwise been prevented had the property owner properly maintained the premises.
- Swimming pool accidents: Property owners owe a duty to visitors to enclose their pools and to warn guests about known hazards.
- Elevator accidents: Property owners can be held liable for injuries that occur due to a malfunctioning or improperly maintained elevator.
- Fires: Missing or blocked fire exits, poor maintenance, or faulty wiring can lead to fires and injuries.
- Negligent security: Crime victims may be able to file a premises liability claim against a property owner for someone else’s criminal act when inadequate security contributed to the incident.
Learn whether you have a viable premises liability claim when you contact us for a free initial consultation.
Where Do Premises Liability Accidents Occur?
Premises liability accidents can occur anywhere people are, including:
- Friends’ houses
- Public property
- Parks
- Playgrounds
- Grocery stores
- Malls
- Retail outlets
- Museums
- Gyms
- Movie theaters
- Recreation complexes
- Hotels
An experienced attorney can review your case and explain whether you have a viable legal claim against the property owner.
What Financial Compensation Can I Recover in a Premises Liability Claim?
Through a premises liability claim, you may be able to recover compensation for your economic and non-economic damages. Economic damages compensate you for direct financial losses you experienced because of the accident, including:
- Past and future medical expenses
- Rehabilitation and physical therapy
- Lost wages
- Loss of future earning capacity
- Property damage
- Out-of-pocket expenses
Non-economic damages provide compensation for intangible losses, such as:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Disfigurement and scarring
- Loss of enjoyment of life
- Loss of companionship
An experienced lawyer can help gather evidence to document your damages.
What Is My Premises Liability Case Worth?
Every personal injury case is different. Your case value can be affected by various factors. Our experienced premises liability lawyers can ask questions to determine the value of your case, such as:
- What type of injuries did you suffer?
- Did you sustain a long-term disability or impairment?
- How have your injuries affected your ability to work?
- What types of medical treatment did you receive?
- What is your prognosis?
- How long were you in pain?
- How have your injuries affected your daily life and your relationships with loved ones?
- Who is responsible for your injuries?
- What type of insurance coverage do the at-fault parties have?
Contact us today to get started with a free, no-obligation case review.
What Types of Injuries Do Premises Liability Accidents Cause?
Premises liability accidents can cause serious injuries, including:
- Traumatic brain injuries
- Broken bones in the hip, pelvis, leg, arm, or other location
- Soft tissue injuries
- Crushing injuries
- Gunshot and knife wounds
After an injury, seek medical attention. Then, contact an experienced attorney for help.
What Do I Have to Prove to Win My Premises Liability Case?
To recover compensation for your injuries, you must be able to prove the following by the preponderance of the evidence:
- You were lawfully on the property.
- A dangerous condition existed on the property.
- The property owner knew about or should have known about the dangerous condition.
- The property owner failed to take reasonable steps to fix the hazardous condition or warn you about it.
- The dangerous condition caused your injuries.
- You suffered damages as a result of the accident.
Our experienced legal team can gather evidence to prove your case.
Can I Recover Compensation If I Was Partly to Blame for the Accident?
North Carolina uses a strict contributory negligence system. Under this system, accident victims cannot recover any compensation if they are found to have contributed to the accident. Insurance companies and defense lawyers often try to use this defense to shirk their responsibility and blame victims for accidents that were not their fault. We can uphold your rights and fight for fair compensation when someone else’s negligence was to blame for your injuries.
What Is the Deadline to File a Personal Injury Case in North Carolina?
Most personal injury lawsuits in North Carolina must be filed within three years of the accident date, according to the state’s statute of limitations. However, exceptions exist that lengthen or shorten this deadline, so it’s best to work with an experienced premises liability attorney to ensure you take timely legal action with your case.
Contact an Experienced Premises Liability Lawyer for Legal Assistance and Guidance
If you were injured in a slip and fall accident or other accident on someone else’s property in Charlotte, NC, Elrod Pope Accident & Injury Attorneys can help. Our Charlotte premises liability lawyers can investigate your case, preserve valuable evidence, and guide you through the claims process with compassion. Call us today for a free consultation.
