The invitee duty of care in NC premises liability claims requires a landowner to take reasonable measures for the safety of lawful visitors. In North Carolina, landowners owe a duty of care to everyone who lawfully enters onto property.
Our experienced Gastonia premises liability lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain the importance of the invitee duty of care in NC premises liability claims, its limitations, and what you need to know.
Who Qualifies as an Invitee Under North Carolina Law?
North Carolina has eliminated the distinction between invitees and social guests when it comes to premises liability law. Instead, invitee and licensee duties of care are the same standard. The property owner owes a duty of reasonable care to anyone who lawfully enters their property.
Why did North Carolina remove the distinction?
North Carolina used to be like other states that impose a higher standard of care for invitees than for social guests. These states say that it’s most fair to require property owners to take extra measures when the people on their property are there for the property owner’s benefit, such as customers at a store.
However, North Carolina courts found the different standards confusing. They said the differing standards resulted in inconsistent rulings, which made it hard for litigants to navigate their claims. In 1998, North Carolina abandoned the invitee and social guest distinction and instead classified everyone lawfully on property the same for premises liability (Nelson v. Freeland, 349 N.C. 615 (N.C. 1998)).
Property Owner Responsibilities Toward Invitees
A property owner has a duty of reasonable care to invitees and licensees on their property.
North Carolina courts “eliminate the distinction between licensees and invitees by requiring a standard of reasonable care toward all lawful visitors” (Nelson).
Standard of reasonableness
A property owner must take reasonable measures to keep their property safe. This may mean clearing trip hazards or eliminating a spill. It may mean mitigating a risk of fire or ensuring adequate security for an event. What’s reasonable depends on the circumstances.
Hidden dangers
In addition to taking reasonable measures to eliminate dangers, a property owner must warn entrants of hidden dangers. Knowledge of the hidden danger on the part of the property owner may be expressed or implied.
Standard not absolute
A property owner is not an insurer of property.
The burden on the property owner is not absolute. The standard of reasonableness is not meant to impose an undue burden on the property owner. The property owner need not warn when an invitee has equal or superior knowledge of the danger.
Examples of Breaching the Duty of Care
Draughon v. Evening Star Holiness Church of Dunn (N.C. 2020)
The victim attended a funeral at the church. He helped carry the casket down a flight of stairs.
While walking back up, he tripped on a stair that was a different height from the other stairs. The difference wasn’t visible by sight. The court said that the jury could find a breach of the duty of care.
Lamm v Bissette Realty, Inc., 327 N.C. 412 (1990)
The court said that differences in step height are not always obvious to a person walking.
Whether the step was a hidden danger was a fact question for a jury.
Examples of knowledge of the danger
An important question regarding the duty of care in North Carolina premises liability is whether the injured victim knew about the dangerous condition. Here are two examples where the courts found no duty because the victim was aware of the dangerous condition.
Bolick v. Bon Worth Inc., 150 N.C. App at 428-29 (2002)
The customer asked to use a store bathroom. They successfully navigated up several steps to a raised bathroom door but fell on the way back down. The court awarded summary disposition for the defendant, saying the victim was aware of the position of the bathroom door because they had just navigated it.
Von Viczay v. Thomas, 140 N.C. App. 737 (2000)
The victim walked down an icy path to the front door of a home to go to a party. The path was lit, and they observed the ice and snow.
When leaving the party, they fell. The court found no invitee duty of care because the victim was aware of the dangerous condition.
How Invitee Duty Differs from Licensee and Trespasser Duties
When it comes to invitees and licensees in North Carolina law, there is no meaningful difference, except that the jury considers all the circumstances when determining what’s reasonable.
There is a different standard for trespassers. A North Carolina landowner has no duty toward a trespasser, except to avoid intentionally harming them. If they discover a trespasser in peril, they must take reasonable steps to avoid hurting them.
Proving Breach of Duty in a Premises Liability Case
Proving a breach of duty in a premises liability case requires demonstrating the standard of reasonable care. You must present the facts of what happened, explaining how the property owner was unreasonable.
Contributory negligence
Contributory negligence applies when evaluating the invitee’s duty of care. An injured person may have contributory negligence if they fail to avoid an open and obvious condition.
Contributory negligence occurs if the victim’s conduct ignores unreasonable dangers that would have been apparent to a prudent person who cares about their safety (Kelly v. Regency Centers Corp, 203 N.C. App. 339 (2010), Dunnevant v. Southern Railway Co., 167 N.C. 232 (1914)).
Common Hazards That Violate the Duty of Care
Common premises liability hazards include:
- Objects left in the path where someone can trip
- Uneven rise and run in a staircase
- Failing to follow a building code
- Unstable structures that collapse
- Dog bites, animal attacks
- Electrical hazards, fire
- Chemical exposure
- Inadequate security
- Jostling crowds
Violation of the duty of care is determined on a case-by-case basis.
Contact an Experienced Gastonia Premises Liability Lawyer
If you have been hurt on someone else’s property, the invitee duty of care may determine your right to compensation. Let an experienced Gastonia premises liability lawyer evaluate your case. Contact our experienced attorneys at Horton & Mendez, Injury & Car Accident Attorneys today.
