INJURED IN A SLIP & FALL OR OTHER PREMISES LIABILITY ACCIDENT? SHANE SMITH LAW CAN HELP YOU GET BACK ON YOUR FEET!
For most people, walking around is something they do without giving it much thought — until something goes wrong, that is. Slips, trips, and falls happen far more often than most people realize, resulting in millions of emergency room visits each year.
If this sounds like what you are going through, your dedicated Charlotte premises liability lawyer with Shane Smith Law may be able to help. Schedule a free consultation with a leading Charlotte personal injury lawyer, who has successfully recovered $100+ million for our clients, and find out what your next steps should be.
Common Types of Premises Liability Accidents
Though slips and falls are the most common types of premises liability accidents, they are far from the only kinds of premises liability cases our firm handles. Some of the most common types of premises liability accidents our Charlotte negligent security lawyer handles include:
- Slip and fall accidents
- Tripping hazards
- Negligent security, which may allow for assaults and other violent incidents
- Fallen object accidents
- Dog bites and/or animal attacks
- Carbon monoxide and other toxic fume accidents
- Swimming pool and other drowning accidents
- Structural collapses
- Fires
- Elevator and escalator accidents
Premises Liability Hazards
Recognizing common premises liability hazards can also help you determine whether you have grounds for a claim. Examples of premises liability hazards could include:
- Slippery surfaces
- Wet floors
- Spilled liquid
- Broken stairs or railings
- Loose floorboards
- Uneven or cracked pavement
- Torn or loose carpeting
- Inadequate lighting
- Snow and ice
- Obstructed walkways
- Falling objects
- Hanging objects
- Improper or unsafe electrical wiring
- Poor property maintenance and upkeep
- Visually confusing or disorienting carpet or wallpaper patterns
- Improperly designed grates
- Uncovered manholes
For a free legal consultation with a premises liability lawyer serving Charlotte, call 980-246-2656
How to Prove Negligence in a Charlotte Premises Liability Case
If you were injured on someone else’s property, proving negligence is the key to recovering compensation. Property owners must keep their premises safe for visitors, and failing to do so can make them liable for injuries. The more evidence you have, showing that a dangerous condition existed and the owner failed to fix it, the stronger your claim will be.
Property Owners’ Duty of Care in North Carolina
North Carolina common law principles require property owners to maintain safe conditions for anyone legally on their property. Businesses, landlords, and homeowners must inspect their premises, repair hazards, and provide warnings about potential dangers. If they fail to do so and someone is injured, they may be responsible for damages.
A property owner’s level of responsibility depends on the visitor’s status. Invitees, such as customers at a store, are owed the highest duty of care because they are on the property for business purposes.
Licensees, such as social guests, are also protected but to a lesser degree. Trespassers, however, are not typically owed protection unless they are minors who were attracted to a dangerous condition on the property, such as an unfenced swimming pool.
How Evidence Strengthens a Premises Liability Claim
Strong evidence is critical to proving negligence in a premises liability case. The more documentation you have, the easier it is to show that a hazard existed, that the property owner knew about it or should have known about it, and that it directly caused your injuries. Key evidence in a premises liability claim can include:
- Photos and videos
- Witness statements
- Incident reports
- Surveillance footage
- Maintenance records
- Medical records
- Expert testimony
Charlotte Premises Liability Lawyer Near Me 980-246-2656
How Contributory Negligence Affects Premises Liability Claims in North Carolina
North Carolina is one of the few states that follows a contributory negligence rule. This means that if you are found even 1% at fault for your accident, you may be barred from recovering compensation. Insurance companies often attempt to take advantage of this rule to deny claims.
What Is Contributory Negligence?
Contributory negligence is a strict legal standard that prevents injury victims from recovering damages if they are found even slightly responsible for their accident. Unlike in other states where partial fault reduces compensation, North Carolina law completely blocks recovery if you contributed to the incident in any way, as outlined under North Carolina General Statutes § 1-139.1.
Insurance companies often use this rule to their advantage and may argue that you were not paying attention or that you ignored warning signs. If they can prove you were partially at fault, your claim could be denied. Fortunately, your Charlotte premises liability attorney with Shane Smith Law will be by your side to challenge these allegations and protect your payout.
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Potential Damages in Charlotte Premises Liability Cases
Depending on the severity of the accident, premises liability victims may face significant physical and financial consequences. Fortunately, North Carolina gives the victims of premises liability accidents the ability to seek compensation for damages. These economic and non-economic damages may include:
- Past, current, and future accident-related medical expenses
- Medical-related travel expenses
- Lost wages
- Loss of earning capacity, if applicable
- Physical pain and suffering
- Mental and emotional anguish
- Scarring and disfigurement
- Disability
- Loss of quality of life
- Loss of enjoyment of life
In cases where the defendant’s conduct is deemed particularly reprehensible, victims may also be eligible to collect a rarely awarded type of compensation known as punitive damages, as outlined under North Carolina General Statutes § 1D-25. You can find out how long your case will take to settle when you contact us to discuss the timeline of your premises liability claim.
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Your Premises Liability Lawyer in Charlotte Can Help You Fight for Justice and Fair Compensation. Call Today
If you were seriously injured in a premises liability accident caused by a property or business owner’s negligence, such as negligent security, you should not be left with the consequences of someone else’s mistake.
Your knowledgeable premises liability attorney in Charlotte with Shane Smith Law can help you pursue the compensation you deserve. Contact us today for your no-cost, risk-free consultation.
Call or text 980-246-2656 or complete a Free Case Evaluation form
