Premises liability cases arise when accidents occur due to hazardous conditions on someone else’s property, whether it’s a slip on a wet supermarket floor or a trip on an uneven sidewalk. These incidents can lead to serious injuries and often involve a complex interplay of laws and regulations.
At Benoit Law Firm, PLLC, our attorneys have a profound understanding of North Carolina premises liability law. If you were injured due to a property owner’s negligence, trust our Charlotte personal injury lawyers to fight for the compensation you need to recover from your injuries and regain control over your life.
Why Choose the Attorneys at Benoit Law Firm, PLLC?
- With over 25 years of combined legal experience and knowledge of both sides of the courtroom, our premises liability attorneys are dedicated to protecting the rights of the injured.
- Drawing on our extensive experience, we strive to secure substantial compensation for victims of premises liability incidents. Over the years, we have recovered millions of dollars for our clients.
- We offer free, no-obligation consultations, dedicated to understanding your case and outlining the most effective legal strategies. Our attorneys will gladly travel to you for your maximum convenience.
Common Types of Premises Liability Accidents
In North Carolina, all property owners—from private homeowners to major corporations—have a responsibility to ensure that their premises are safe. Sadly, many property owners fail to take this duty seriously, leading to unexpected and often serious accidents.
Many of these incidents can lead to serious injuries and even death, such as the following:
- Slip and fall accidents, typically caused by wet floors, icy walkways, or uneven flooring
- Falling objects in stores or on construction sites
- Poor lighting, leading to trips and falls
- Faulty or broken staircases
- Dog bites or other animal attacks
- Swimming pool accidents due to lack of supervision or improper fencing
- Negligent security, leading to assaults and other acts of violence
Why You Need a Charlotte Premises Liability Attorney on Your Side
Filing a premises liability claim can be a complex process involving numerous legal hurdles. In these situations, having an attorney from Benoit Law Firm, PLLC on your side can provide you with several critical benefits.
Our Charlotte premises liability attorneys possess a deep understanding of the legal landscape and will relentlessly advocate for your right to maximum compensation. We will meticulously craft a compelling case in your favor, gathering all pieces of available evidence and enlisting the help of expert witnesses who can testify on your behalf.
Your lawyer will explore all available pathways to compensation and accurately calculate your potential award, using this information to advocate for your highest possible settlement. We will handle all communications with insurance providers or defense attorneys on your behalf, making sure that your best interests are protected.
When you hire Benoit Law Firm, PLLC, you gain access to legal counsel who will passionately defend your rights and fight for your maximum recovery. If you believe that you qualify for a premises liability claim, schedule your free consultation today and take your first steps toward justice.
How to Prove a Premises Liability Lawsuit in North Carolina
To file a successful premises liability lawsuit in North Carolina, you will need to prove the four elements of negligence: duty of care, breach of duty, causation, and damages.
- Duty of Care: The property owner had a legal responsibility to ensure a safe environment
- Breach of Duty: The property owner failed to uphold this legal responsibility via a failure to act or a negligent action
- Causation: The breach of duty directly led to a property visitor’s injuries
- Damages: The visitor suffered physical, emotional, or financial damages as a result of the accident
Suppose a guest slips on an icy sidewalk outside a restaurant. The restaurant owner had a duty of care to clear the sidewalk but failed to do so, which constitutes a breach of duty. These actions led to the slip; had the owner upheld his or her duty, the accident would not have occurred. The slip led to the guest breaking his or her arm, leading to damages like medical expenses, pain and suffering, and lost wages.
The Three Types of Property Visitors
In premises liability law, the rights of an injured party can vary significantly depending on their status as a visitor. There are three types of property visitors:
- Invitees: These individuals are people who enter an owner’s premises through express or implied invitation, usually for business reasons. For example, customers at a store are considered invitees. They generally receive the highest level of protection and can often claim a large amount of compensation if injured.
- Licensees: These individuals are on an owner’s premises with the owner’s permission but for their own purposes. Typically, licensees are social visitors, like guests at a party. If a licensee is injured due to known and unaddressed risks on the owner’s property, he or she may be entitled to compensation.
- Trespassers: These individuals enter a property uninvited and may not be eligible for compensation if they are injured. Property owners do not owe a special duty of care to trespassers, but they cannot willfully or wantonly harm them.
What to Do If You Are Injured on Someone’s Property in Charlotte
In the event of an injury on another’s property, it is crucial to prioritize your well-being and rights. To protect yourself and your future claim, follow these steps:
- Report the Incident Immediately: Alert the property owner, a manager, or any responsible party on the premises. If the situation requires, do not hesitate to call the police.
- Seek Medical Care Promptly: Always have a medical professional examine you after an incident, even if you feel fine initially. Injuries such as concussions or internal damages may not be immediately apparent. Your medical records can greatly aid your case.
- Document Everything: Capture photographs or videos of the scene, injuries, and any contributing factors such as icy surfaces or broken steps. Gather contact information of any eyewitnesses. Preserve any physical evidence.
- Contact a Premises Liability Attorney: Consult with a lawyer before making statements to insurers or property owners. Legal representation can protect your interests and guide you in navigating the complexities of your claim.
Schedule Your Free Legal Consultation Today
If you were injured on someone’s Charlotte property, you may be eligible for legal action. Trust Benoit Law Firm, PLLC to fight for your right to fair compensation. Contact us today at (877) 600-7212 to schedule a free, no-obligation consultation and explore your next steps with a Charlotte premises liability attorney.