Unintentional or accidental injury is the third-leading cause of death in the United States. Many of these injuries are due to premises liability.
Knowing the common types of premises liability cases can help you identify risks and avoid harm. It can also help you recognize when you may have a compensation claim.
Horton & Mendez Injury Attorneys explains premises liability cases in Wilmington.
10 Types of Premises Liability Cases in Wilmington
1. Slip and Falls
In 2020, there were 183,339 emergency room visits for unintentional falls in North Carolina. Falls are the top reason for injury-related, non-fatal emergency room visits in the United States. The CDC reports 1,201 unintentional fall deaths in the United States in 2023.
A slip and fall includes any kind of fall or event where the body comes to rest on the ground. A person may fall from an elevated surface or the same level. A person may trip over a hazard, like products or displays in a store. Falls can occur because of jostling crowds, being pushed, or a dangerous ground surface.
2. Falling objects
A premises liability case may be based on being struck by a falling object. At a store, for example, items may fall from above. Something in storage may fall from a shelf. A cabinet, machine, or storage unit may fall on a person and cause crushing injury.
Objects may slide, roll, or tumble from their resting position. People may be trying to move an object safely when it unintentionally becomes free. The victim may suffer traumatic brain injury, spinal cord damage, crushed organs, broken bones, soft tissue damage, and other harm.
3. Drowning
In 2023, there were 2,196 unintentional drowning deaths in the United States. One study in the National Institutes of Health reports a drowning rate of 3.2 per 100,000 persons in the five-year study period.
Drowning may occur because a swimming pool is poorly secured or maintained. It may have a design that makes drowning more likely to occur. There may be other bodies of water that are a drowning hazard, such as hot tubs, wading pools, water drainage areas, or water storage areas.
4. Collapse
Structural failure results in up to 300 deaths each year. An entire building, scaffolding, stairways, or landings may collapse. A structure may be poorly designed and likely to fail, or it may not have been maintained properly. The party controlling the facility may allow too many people on the structure or dangerous activity to occur. The result may be a type of Wilmington premises liability case.
5. Malfunctioning equipment, vehicles, and machines
Property may be dangerous because of the way that equipment, vehicles, and machines are used. Machinery may be used in areas where it is unsuitable, like areas without enough space. Traffic flow may occur in an unsafe way that results in injury.
6. Elevator and escalator malfunction
In 2023, one study reported that more than 5,000 elevators were overdue for inspection in North Carolina at one time.
Thousands of people use elevators and escalators each year, not expecting an accident to occur. An elevator may collapse or fall within its shaft.
Doors can malfunction, causing a person to fall. A person’s clothing may become stuck in an escalator or a broken handrail, or overcrowding may cause a person to fall.
7. Hazardous chemicals
A person may be exposed to hazardous chemicals in the air, by touch, injection, or by ingestion. Injury may be acute, or a person may be harmed through multiple exposures.
The exposure may be the result of dangerous property conditions due to poor ventilation or by allowing people to come too close to dangerous substances. The property owner may have ignored warning signs of danger or failed to take adequate measures to mitigate the risk of hazardous chemicals.
8. Fires and electrical incidents
A fire or electrical injury can be the basis of a premises liability case in Wilmington.
For example, a fire may result from failing to replace faulty electrical wire, an overloaded circuit, unsafe heating practices, or incorrect equipment use. Poor storage of flammable liquids can also create a fire hazard. When harm occurs, an injured victim may have a premises liability claim.
9. Inadequate security, violent crime
Property owners are responsible for the safety and security of their guests. They must take adequate steps to prevent violence and intentional harm. Even if the property owner isn’t the one who directly causes the harm, they may not have done enough to prevent it. Limiting access, adequate security personnel, lighting, and emergency response are just some of the things that may be necessary to protect patrons from harm.
10. Swing sets, tire swings, and recreation
There may be recreational objects on the property that cause injury. Playgrounds and tire swings can cause injury, or an amusement ride can malfunction. Other recreational things, such as ropes courses, sports facilities, trampolines, and other entertainment facilities, can cause harm. A victim may have a claim for premises liability.
When is a premises liability injury a legal claim?
Property owners have a legal duty to maintain their property in a reasonably safe condition. Your type of injury may be a premises liability case in Wilmington if the property owner doesn’t take ordinary care to maintain the property, having actual or constructive notice of the dangerous condition. A claim may also be based on failure to warn of a dangerous property condition.
In North Carolina, there are a few laws for special circumstances, for example, that educational or recreational invitees are given the same legal standard as a trespasser.
A Wilmington premises liability lawyer can give you an evaluation of whether you have a legal claim and what your claim may be worth.
Talk to a Lawyer
Your premises liability case in Wilmington may be common or uncommon. What matters is that you deserve compensation for your injuries. Horton & Mendez Injury Attorneys handles premises liability claims. See if you have a case and what you might receive by calling or messaging us now.
