Property owners across Charlotte hold a fundamental responsibility to maintain safe conditions for visitors. When they fail in this duty, serious injuries can occur on their premises. At Horton & Mendez, our Charlotte premises liability lawyers bring unique insight to premises liability cases that sets us apart from other legal teams. We previously worked for multi-state insurance companies, giving us invaluable knowledge of how these corporations approach premises liability claims. Today, we use that insider perspective to fight for injured victims throughout North Carolina.
You deserve compensation when someone else’s negligence causes your injury on their property.
Our team knows the tactics insurance companies deploy to minimize payouts. We know their playbook and use that knowledge to build stronger cases for our clients.
What Does the Premises Liability Law State in North Carolina?
Premises liability law holds property owners accountable when dangerous conditions on their property cause injuries to visitors. In North Carolina, property owners must maintain reasonably safe conditions and warn visitors of known hazards they cannot immediately remedy.
North Carolina recognizes three categories of visitors, each receiving different levels of protection under the law.
- Invitees receive the highest level of care. These are people who enter property for business purposes or at the express invitation of the owner. Store customers, restaurant patrons, and guests at private homes fall into this category. Property owners must inspect their premises for hazards and either fix dangerous conditions or provide adequate warnings.
- Licensees enter property with permission but for their own purposes rather than the owner’s benefit. Social guests often qualify as licensees.
- Trespassers receive the least protection. Property owners generally owe no duty to trespassers except to avoid willfully injuring them. However, special rules apply when children trespass on property containing attractive nuisances like swimming pools or playground equipment.
Common Types of Premises Liability Cases
Property hazards take many forms, creating various scenarios where injuries occur. Our legal team handles a wide range of premises liability cases throughout Charlotte and the surrounding areas.
Slip and fall accidents represent one of the most common types of accidents resulting in fatal occupational injuries. These incidents occur when property owners fail to address hazardous conditions, such as:
- Wet floors without proper warning signs
- Uneven sidewalks or parking lot surfaces
- Torn carpeting or loose floorboards
- Inadequate lighting in walkways and stairwells
Inadequate security cases arise when property owners fail to provide reasonable protection against foreseeable criminal acts. Shopping centers, apartment complexes, hotels, and other businesses must assess crime risks in their area and implement appropriate security measures.
Structural defects cause serious injuries when building components fail or create dangerous conditions. Broken stairs, defective railings, and collapsing structures fall into this category. Property owners cannot claim ignorance of obvious structural problems that reasonable inspections would reveal.
Swimming pool accidents often involve the attractive nuisance doctrine, especially when children are injured. North Carolina requires pool owners to take special precautions to prevent child drownings and injuries.
The Role of Negligence in Your Charlotte Premises Liability Case
Proving negligence forms the foundation of every successful premises liability claim in North Carolina. You must demonstrate four key elements to establish the property owner’s liability for your injuries.
First, you must show that the property owner owed you a duty of care based on your legal status when the injury occurred. The level of duty varies depending on whether you were an invitee, licensee, or trespasser at the time of the incident.
Second, you must prove the property owner breached that duty through action or inaction. This might involve failing to fix a known hazard, inadequate maintenance, or not warning visitors of dangerous conditions.
Third, you must establish causation between the property owner’s breach of duty and your injury. The dangerous condition must be the actual and proximate cause of your harm.
Finally, you must document actual damages resulting from the incident. Medical bills, lost wages, pain and suffering, and other losses provide evidence of the harm you suffered.
Our Charlotte premises liability lawyers meticulously investigate each element of your case. We gather evidence, interview witnesses, and consult experts when necessary to build the strongest possible foundation for your claim.
How North Carolina’s Contributory Negligence Rule Affects Your Case
North Carolina follows the contributory negligence doctrine, which creates an all-or-nothing scenario for premises liability cases. Therefore, under North Carolina’s common law, if you contributed to your injury in any way, you may be barred from recovering compensation entirely.
This harsh rule makes defending against claims of shared fault absolutely critical. Insurance companies and defense attorneys aggressively pursue contributory negligence arguments to avoid paying valid claims. They might argue you were not paying attention, ignored obvious hazards, or acted unreasonably under the circumstances.
Our team vigorously defends against any allegation that you bear responsibility for your injury. We challenge defense arguments with thorough investigation and compelling evidence. Having worked for insurance companies, we anticipate their strategies and prepare robust responses to protect your right to compensation.
What Compensation Can You Recover?
North Carolina law allows premises liability victims to recover various types of damages when a property owner’s negligence causes their injuries. The specific compensation available depends on the severity of your injuries and their impact on your life.
Medical expenses represent the most straightforward category of damages. You can recover costs for emergency treatment, hospital stays, surgery, medication, physical therapy, and ongoing medical care. Keep detailed records of all medical bills and expenses related to your injury.
Lost wages compensation covers the income you cannot earn while recovering from your injuries. This includes time missed from work for medical appointments and treatment. If your injuries prevent you from returning to your previous job or reduce your earning capacity, you may recover compensation for diminished future earnings.
Property damage compensation applies when your personal belongings are damaged in the accident. This might include clothing, electronics, jewelry, or other items damaged during a slip and fall or other premises liability incident.
Areas We Serve Throughout Charlotte
Our legal team serves clients throughout Charlotte and the surrounding communities in Mecklenburg County. Our Charlotte premises liability lawyers handle premises liability cases in numerous zip codes across the greater Charlotte metropolitan area:
- 28134, 28202, 28203, 28204
- 28205, 28206, 28207, 28208
- 28209, 28210, 28211, 28212
- 28213, 28214, 28215, 28216
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Contact Our Charlotte Premises Liability Lawyers Today
Property owners throughout Charlotte must be held accountable when their negligence causes serious injuries. You deserve experienced legal representation that fights aggressively for your rights and interests. Contact our experienced attorneys at Horton & Mendez today to schedule your consultation and learn how we can help you pursue the justice and compensation you deserve.
Frequently Asked Questions
How much time do you have to file a premises liability lawsuit in North Carolina?
North Carolina General Statute § 1-52 establishes a three-year statute of limitations for personal injury claims, including premises liability cases. You must file your lawsuit within three years of the date your injury occurred. Waiting too long bars you from seeking compensation through the courts.
What if the property owner claims they did not know about the dangerous condition?
Property owners cannot avoid liability simply because they claim ignorance of hazardous conditions. The law requires reasonable inspections and maintenance. If a dangerous condition existed long enough that regular inspections should have discovered it, the property owner can be held responsible regardless of actual knowledge.
Can I still recover compensation if I was drinking alcohol when the accident occurred?
Alcohol consumption does not automatically bar recovery in premises liability cases. However, it may provide ammunition for contributory negligence arguments. The key question is whether your alcohol consumption contributed to the accident or prevented you from exercising reasonable care for your own safety.
