Premises liability in North Carolina creates legal liability when a dangerous property condition causes injury. A party that owns or controls property may be legally liable for an unsafe condition. Someone who is injured because of an unreasonable, hazardous condition may have a claim for compensation under North Carolina premises liability law.
Our experienced Wilmington premises liability lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain premises liability laws in North Carolina.
What Is Premises Liability?
Premises liability is a civil law that places a duty on property owners to keep their property safe.
Someone who owns or controls property is legally required to take reasonable steps to protect people who may enter the property.
Premises liability creates the legal right of someone hurt because of an unsafe condition to seek compensation from the party responsible.
What is the name for the liability of a landlord or property owner due to an unsafe condition?
The legal term for landlord or property owner liability due to an unsafe condition is premises liability law.
Understanding North Carolina Premises Liability Law
North Carolina premises liability law says that a landowner has a duty to exercise reasonable care in the maintenance of their property. This duty is for the benefit of lawful visitors.
There are two ways that a property owner may be liable for a dangerous condition:
1. Unreasonable danger
A property owner may not unnecessarily expose a lawful visitor to unreasonable danger.
2. Failure to warn
A property owner must warn of hazards that they know about. Knowledge may be implied.
A landlord must take reasonable steps to ascertain the condition of their property. They must make it safe or warn people of foreseeable danger.
Liability for dangerous property conditions
The standard for liability is reasonableness. The question is whether the property owner did what was reasonable, under the circumstances, to identify and mitigate the danger, or warn people who enter the property. Another question is whether the danger was foreseeable. These are fact questions for the jury to consider.
Employer liability
An employer may be liable for the actions of their employees through vicarious liability.
Contractual liability
Through the legal theory of undertaking liability, premises liability may arise through a contractual relationship for an act to be done.
Premises liability is civil law
Premises liability law is a civil law. The party responsible won’t go to jail. Instead, they’ll pay monetary compensation to the victim. The party responsible may have also violated a criminal law, but it’s up to the state to investigate and pursue charges, if appropriate. In premises liability, the injured party initiates their case for compensation.
What is the premises liability law in North Carolina?
In North Carolina, premises liability law primarily comes from common law. In addition, N.C.G.S. § 38B-2 abolishes the duty of care towards trespassers. N.C.G.S. § 38A-4 limits the duty of care when the property owner allows use for recreational or educational purposes.
Is my landlord liable if I’m hurt at my apartment complex in NC?
A landlord may be liable if you’re injured at an apartment complex in North Carolina. A landlord may still be liable for leased property if they retain partial control.
Legal Status of Visitors: Invitees, Licensees, and Trespassers
Many states distinguish between the status of the person on the property when it comes to the standard of care. In these states, people who are invited to the property for the benefit of the landowner are owed the most protection. A common example is someone who shops at a store. These states impose a lower duty of care for social guests.
No difference between invitees and licensees
North Carolina does not distinguish between invitees and licensees. Rather, a landowner has a duty of care to everyone who comes onto the property. The only different standards are trespassers and use of the property for educational or recreational purposes, with permission.
Even though North Carolina doesn’t distinguish between invitees and licensees, the jury can consider everything when determining reasonableness. The person’s reason for being on the property may still be relevant to determining whether the property owner took sufficient care.
Trespassers
There is no duty of care to trespassers in North Carolina premises liability law. A property owner may be liable for willful or wanton conduct or intentional harm. A property owner may use reasonable force to expel a trespasser who enters land or a building intending to commit a crime.
There may be liability to a trespasser if the landowner discovers the trespasser in danger and fails to exercise reasonable care to avoid injury.
Child trespassers
A child may trespass on land because of an attractive nuisance. A pool, playground, or large hill may be an attractive nuisance, for example. A property owner may be liable for harm to a child trespasser based on a balancing test of the lengths needed to mitigate the risk.
Key Elements You Must Prove in a Premises Liability Case
Key elements for success in a premises liability case include the following:
- Who owns or controls the property
- What the dangerous condition was
- That the condition could foreseeably cause harm
- What the property owner did to find, mitigate, or warn of the danger
- Causation between the danger and harm
- Damages that the victim deserves
For a case to be successful, the person seeking compensation must prove every element.
Common Hazards That Lead to Premises Liability Claims
Hazards that may lead to a premises liability claim include:
- Slippery surfaces, uneven flooring
- Falling objects
- Broken handrails
- Broken escalators and elevators
- Crowds, jostling
- Electrical and fire hazards
- Faulty amusements, pools, recreation, and sporting venues
- Dog bites, dangerous animals
- Inadequate security
- Collapsing structures
Even if the cause of your injury is not on this list, you may have a claim. Each situation is evaluated separately.
Time Limits for Filing a Premises Liability Lawsuit in NC
North Carolina law imposes a three-year time limit for filing a premises liability lawsuit. Talk to a lawyer as soon as possible about your situation.
Contact an Experienced Wilmington Premises Liability Lawyer
If you or a family member has been hurt, we invite you to contact Horton & Mendez, Injury & Car Accident Attorneys. Talk to an experienced Wilmington premises liability lawyer and get help today.
