Premises Liability in Greensboro, NC
What Is Premises Liability?
A premises liability claim is one where a person is injured due to some type of negligence on the part of the owner or leaseholder of the property. Injuries can occur in such places as community centers, neighbor’s homes, sporting events or local retail stores. If the injury was a direct result of the owner failing to handle a situation that could result in an injury, you have the right to file a claim for compensation for any damages sustained. Some examples could be failing to provide hand rails on stairwells at an office building resulting in a slip and fall, tripping over broken and badly maintained concrete in a parking area, or failing to provide adequate lighting in a shopping center resulting in an assault.
Injuries that can occur from these types of claims can range from back injuries to brain injuries or spinal cord injuries. All of these instances could have been avoided if the premises had been maintained as would be expected. If you or someone you know has been injured due to an accident on someone else’s premises, contact a personal injury attorney for assistance in documenting and presenting your claim.
On the other hand, sometimes these type of injuries are your fault and you can't recover. In North Carolina, we have the law of contributory negligence. This means that you can't recover if it is your fault. The defense attorney must prove this, it is their burden of proof. They allege this in almost all premises liability and personal injury type cases. This is only fair, people shouldn't be allowed to just walk around not paying attention and then sue.
The opposite is also true. People aren't expected to just walk and stare at the ground. Instead, we look at street signs, look at other people, etc. We all have to trust to some degree that the property owners have done a reasonable job keeping their property safe. Many times, I have had huge shopping centers leave sidewalks and parking lots broken up for years. They won't spend just a few dollars, literally less than $10 to use some concrete patch. Instead, they will fight you hard and blame you for not watching where you are going. With thousands of people walking through these areas, some are doing to get hurt. Who should take responsibility for this? If it only costs a few dollars and a few minutes to fix it, they should fix it.
How Premises Liability Works
In North Carolina, premises liability cases center around the “duty of care,” a legal obligation requiring a reasonable level of care for individuals. In premises liability cases, the plaintiff must prove that the owner of the property on which they were injured owed them a duty of care, that the dangerous conditions that led to the accident were due to a lack of duty of care, and that those conditions resulted in injury. It’s important to entrust your case to an attorney with the skill and experience to help you get the compensation you deserve. Our team at Roane Law is well-versed in premises liability cases and can fight for your rights.
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In order to successfully present a premises liability claim it must be well documented. It is very important to begin an investigation into the facts right away, so as not to lose valuable evidence.
Statements of parties involved, scene investigations, any police or other reports, as well as maintenance records all need to be obtained. Having a personal injury attorney who knows what to look for in this type of claim can greatly increase your chances of obtaining the compensation you deserve. Don’t put off calling our office for help, as time passes it can become harder to find witnesses or the premises where the injury occurred may get repaired, no longer showing how the accident could have occurred.
We can help! Contact a Greensboro personal injury attorney at our firm today for an experienced and caring legal representative.