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. However, you should remember that if you are injured on property owned by another individual or business, you may have a legal liability case. Property owners must maintain their property safely, and failing 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 consistent care to all visitors while protecting them from the incident. Additionally, it is the landowner’s responsibility to maintain a safe environment and lessen the risk of accidents when visitors are on their property.
All landowners must notify their guests of any hazardous areas or situations that could occur while visiting the property. However, sometimes there are natural and unavoidable risks on a property. Landowners need to alert their visitors to the possible hazard in these situations.
Maintaining a reasonable property can include cleaning up after an oil spill while changing the oil in one’s vehicle to removing a tree that has fallen across a walkway. In addition, the landowner must eliminate all dangers within reasonable limits if authorized visitors are expected on the property.
However, landowners have a different responsibility to unauthorized visitors. For instance, a landowner is not obligated to warn unauthorized visitors of dangers on their property. Disputes about who is an authorized versus unauthorized visitor are pretty standard.
What is a Slip and Fall Case in Durham, NC?
Premises liability cases are varied and can encompass many possible injuries one could obtain on another’s property. However, most are familiar with slip and fall cases where a visitor falls in a restaurant, grocery store, clothing store, or comparable institution. For example, slips and falls commonly occur in a restaurant where standing water, spilled liquids, or food is left on the floor.
However, a person can also slip and fall due to faulty maintenance or improper cleaning. Typically, suppose staff notices the spill or hazard. In that case, 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 to avoid any possible incident resulting in injury.
In North Carolina, land and business owners are encouraged and sometimes 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 damaged in a loss.
Call Kreger Brodish LLP at (888) 820-5885 to speak today to a North Carolina Premise Liability Lawyer.