Accidents and Injuries on Someone’s Property
When an accident occurs on someone else’s property, it can cause some confusion about who is at fault for the accident. You should keep in mind, however, that if you are injured on property owned by another individual or business, you may have a legal liability case. Property owners have the obligation to maintain their property in a safe manner, and any failure to adhere to that obligation can result in a legal case against them.
What is The Difference Between a Lawful Visitor or Trespasser in Durham, NC?
In North Carolina, property owners must maintain “reasonable care”; where the landowner is fully responsible for providing a consistent level of care to all visitors, while protecting them from incident. It is the responsibility of the landowner to maintain a safe environment and lessen the risk of any accident when visitors are on their property.
All landowners are required to notify their guests of any hazardous areas or dangerous situations that could occur while visiting the property. Sometimes there are natural and unavoidable risks on a property. In these situations, landowners need to alert their visitors to the possible hazard.
Maintaining a reasonable property can include anything from cleaning up after an oil spill while changing the oil in one’s vehicle, to removing a tree that has fallen across a walkway. The landowner must eliminate all dangers within reasonable limits if authorized visitors are expected on the property.
Landowners do not have the same level of responsibility to unauthorized visitors, however. For instance, a landowner does not have an obligation to warn unauthorized visitors of dangers on their property.Disputes about who is an authorized versus unauthorized visitor are quite common.
What is a Slip and Fall Case in Durham, NC?
Premises liability cases are varied and can really encompass many possible injuries one could obtain on another’s property. Most are familiar with slip and fall cases where a visitor falls in a restaurant, grocery store, clothing store, or comparable institutions. Most commonly slip and falls occur in a restaurant where standing water, spilled liquids, or even food is left on the floor.
However, a person can also slip and fall as a result of faulty maintenance or improper cleaning. Typically, if staff notices the spill or hazard, they are required to put up a notification in the form of a sign,to clean up the area, or to fix any maintenance issues in order to avoid any possible incident resulting in injury.
In North Carolina, land and business owners are encouraged, and some times required, to obtain an insurance policy to protect visitors injured on their property. For business owners, liability can be covered under a general liability policy. Homeowners’ and landowners’ third party coverage is usually included in a standard homeowner’s policy. Liability insurance is not to be confused with property and casualty insurance. Property and casualty insurance usually protects against the physical structures and property owned by individuals that is damaged in a loss.
When an premise liability injury takes place, contact a premise liability lawyer immediately. In the state of North Carolina, there are statute of limitations that can hinder your claim.
Call Kreger Brodish LLP at (888) 820-5885 to speak to a North Carolina Premise Liability Lawyer today.