Understanding Premises Liability in North Carolina: Who’s Responsible?

Premises liability is a legal concept that holds property owners or renters responsible for accidents and injuries that occur on their property. In North Carolina, understanding who is responsible in a premises liability case is crucial.

Here’s some helpful background on a premises liability claim.

What Is Premises Liability?

Property owners have a legal duty to maintain safe conditions on their property. If someone is injured because of a hazardous condition that the property owner knew about or should have known about, the owner may be held liable for the injuries.

Types of Premises Liability Cases

Common premises liability cases in North Carolina include:

Slip and Fall Accidents: These occur when a person slips or trips on a hazardous surface, such as a wet floor, uneven pavement, or icy walkway.

Inadequate Security: Sometimes, a property owner may be liable for intentional and criminal acts of third parties. If property owners fail to provide adequate security to their guests or fail to take the necessary precautions to protect visitors on their property, they may be liable for resulting injuries. The type of venue or property and whether a property owner had any notice of prior criminal activity are two important factors in these cases.

Dog Bites: Dog owners in North Carolina may be held liable if their dog attacks someone, especially if the dog has a history of aggression or is of a particular breed.

Dram Shop Claims: If you are injured by an intoxicated person, the entity that served alcohol to the intoxicated person may be liable. In these cases, you must show that an establishment or its employee knew or reasonably should have known that a customer was intoxicated but continued to serve the customer.

Determining Responsibility

Responsibility in a premises liability case often hinges on several factors:

Status of the Visitor: North Carolina law generally places land users in one of two categories: invitees (someone who is lawfully on another’s property) and trespassers (someone who enters the property without permission or any right to be there). Property owners owe the highest duty of care to invitees, requiring landowners to reasonably inspect their property, take reasonable measures to avoid injury to their invitees and minimize any dangerous conditions on their property of which they are or should be aware. Landowners owe a lesser duty to trespassers: they have only the duty to avoid willful injury to a trespasser. However, if the trespasser is a child, the “attractive nuisance” doctrine may apply, and a property owner may be liable for injuries to a child who trespasses on the property to access something that is likely to be visited by children (for example, a swimming pool, trampoline, or large fallen tree).

Owner’s Knowledge of the Hazard: To hold a property owner liable, it must be shown that they knew or should have known about the dangerous condition. It is helpful to find evidence that the hazard existed for a long enough period that the owner should have been aware of it.

Reasonableness of the Owner’s Actions: The property owner must take reasonable steps to ensure their property is safe. This could involve regular inspections, prompt repairs, or clear warnings about potential dangers.

Challenges in Premises Liability Cases

Premises liability cases can be challenging to prove. Victims must demonstrate that the property owner’s negligence directly caused their injury.

Multiple parties may be liable in a premises liability action, including both a landowner and a tenant on the property.

Additionally, North Carolina’s contributory negligence rule can bar recovery if the injured party is found even partially at fault for the accident.

Conclusion

Premises liability cases are often complex and require experienced legal guidance. At Ward and Smith, our knowledgeable personal injury lawyers are dedicated to helping victims navigate the legal process to pursue the compensation they deserve. Contact us today to learn how we can assist you through a premises liability claim.