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How North Carolina’s Premises Liability Laws Protect Visitors and Customers

In North Carolina, premises liability laws are designed to ensure that property owners maintain safe conditions for visitors and customers. If you suffer an injury due to hazardous conditions on someone else’s property, understanding how these laws protect you can be crucial for pursuing compensation. Here’s what you need to know about premises liability in North Carolina.

What is Premises Liability?

Premises liability refers to the legal responsibility property owners have to keep their premises safe for those who come onto their property. This includes a wide range of scenarios, from slip and fall accidents to injuries caused by poorly maintained property. In North Carolina, these laws ensure that visitors and customers have a right to seek compensation if they are harmed due to the property owner’s negligence.

Key Aspects of Premises Liability Law

North Carolina courts used to apply different legal standards in premises liability cases depending whether the injured party was on the property as a “licensee” or “invitee.”  However, the North Carolina Supreme Court abolished this distinction in 1998.  Now, North Carolina law requires the same standard of care for Landowners toward all lawful visitors:  the duty of reasonable care not to unnecessarily expose lawful visitors to a dangerous situation and to warn lawful visitors of any hidden dangers.

This standard requires that a Landowner must exercise “reasonable care” to protect any lawful visitor from injury.  Reasonable care by a Landowner might include maintaining property in a proper manner, cleaning up after a spill, or ensuring there is adequate security for visitors.  To recover for any damages, the injured party must prove that the Landowner negligently caused the condition or failed to correct the condition after the Landowner knew or should have known of its existence.

If there is a dangerous situation that cannot reasonably be corrected (i.e., a natural drop-off of terrain), then the Landowner is only required to give an adequate warning of the dangerous condition.  However, if the condition would be obviously apparent to a reasonable person, the Landowner may not even have a duty to warn.

With unlawful visitors (i.e., trespassers), the Landowner’s only duty is to refrain from willfully harming the trespasser.  Thus, the reasonable person standard, including the duty to warn, does not apply.  Still, there can be factual disputes about whether or not someone actually was a trespasser, including situations of “implied permission.”

Further, the “attractive nuisance” doctrine will apply in some cases.  Under this doctrine, a Landowner can be held liable for injuries to minor children who are trespassers if the dangerous condition was one likely to attract such minors.  Examples might include broken playground equipment or certain construction sites.

Common Types of Premises Liability Claims

Steps to Take If Injured

If you are injured on someone else’s property, taking the following steps can help support your claim:

Conclusion

Navigating premises liability claims can be complex, and understanding your rights under North Carolina law is essential for pursuing a successful case. At Ward and Smith, we are committed to helping you understand your rights and seek the compensation you deserve. Contact us today to consult with an experienced personal injury attorney, and let us guide you through the process of holding property owners accountable for unsafe conditions.

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