Premises Liability Lawyer Charlotte, NC

Premises Liability Law

Premises liability law is the legal term for when a property owner or occupier is held responsible for any injury that occurs on their property due to unsafe conditions. This type of law holds property owners accountable for the safety of their property, and for the injuries that may result from any negligence on their part. If a person sustains an injury as a result of a hazardous condition on the premises that the owner should have known about, they could be held liable for any damages. Examples of hazardous conditions include slippery floors, broken stairs, poorly maintained equipment, and inadequate security measures. Premises liability law is a complex area of law, and requires experienced legal representation from a Charlotte premises liability lawyer to ensure that victims receive the compensation they deserve.

Accidents Covered by Premises Liability Law

There are several different types of accidents that may be covered by premises liability law. Some of the most common types of premises liability accidents include:

• Slip and Fall Accidents – Slip and fall accidents occur when an individual slips and falls due to a dangerous condition or slippery surface on a property.
• Dog Bites – Property owners may be held liable if their pet injures someone while on the owner’s property.
• Inadequate Security – If a property owner fails to provide adequate security measures which then results in an injury to a guest, they may be held liable.
• Negligent Maintenance – Property owners are required to maintain a safe and secure environment on their premises.
• Swimming Pool Accidents – Property owners must take reasonable measures to ensure the safety of anyone using the pool on their property.

Filing Your Premises Liability Claim in North Carolina

Filing a premises liability claim may seem like a simple task as long as you have the help of a Charlotte, NC premises liability lawyer from Ted A Greve & Associates to represent you. If you were on someone else’s property and became injured in some way (a dog attacked you, you slipped and fell), it may seem open-and-shut. However, given the negligence laws in North Carolina, there is very little wiggle room, and an insurance agent proving that you are 1% at fault for the accident can ruin your entire claim. It is important that you speak with a lawyer as soon as you are ready to file a claim so that you can have your evidence in order and be prepared to face whatever an insurance agent has to throw at you.

The Statute of Limitations

It is possible to have all of the right evidence for your premises liability claim but still not get the compensation you deserve. How does this happen? If you end up filing your claim too late and miss your deadline, a court won’t even consider it. This can be worrisome to many people, but as long as you are aware of the exact date of the accident and know when to file, this should not become a problem. In North Carolina, you will have 3 years to file your claim from the date of the injury.  Under normal circumstances, you will only have 3 years to file a premises liability claim. In rare circumstances, you may be able to extend this deadline. This can happen if you are a minor or if you have a disability that makes it difficult to file your claim within the standard amount of time. In these circumstances, a court may grant you an extension, but you should never go into a claim counting on this and you should certainly not wait until the last minute to ask for this extension.

The Importance of Evidence

Because insurance agents only need one shred of evidence showing that you were partially at fault for the accident, it is crucial that you work with your lawyer as soon as possible to begin compiling evidence for your premises liability claim. You would benefit from having evidence such as eyewitnesses, video or security footage, photographs of the scene of the accident, medical records, and more.

Determining Liability

In most cases, the property owner or the person responsible for the property can be held liable for the accident. Depending on the specific circumstances of the accident, other parties may also be held liable. Visitors are classified into three categories: invitees, licensees, and trespassers. Invitees are visitors who were invited onto the property for a business purpose, such as a customer or client. Licensees are visitors who were given implied permission to enter the property, such as friends or social guests. Lastly, trespassers are individuals who have entered the property without permission. Property owners have the highest duty of care to invitees and must exercise reasonable care to protect them from injury. This means they must inspect their premises regularly and fix any potential dangers in a timely manner. Licensees and trespassers are owed a lesser duty of care, but the property owner must still warn them of any known hazards. It is important to note that many states have laws which limit or even eliminate liability for certain types of accidents, such as slip and fall incidents.

Potential Dangers in a Retail Establishment

A Charlotte, NC premises liability lawyer from Ted A Greve & Associates knows that it is estimated that over a million visits to the emergency room every year stem from slip and fall accidents. When these injuries happen at a store, it can cost the person thousands of dollars in medical costs. If you have been injured in a slip and fall accident at a store, you may be entitled to financial compensation for the losses your injuries have caused. The following are some of the most common factors in slip and fall accidents.

• No Wet Floor Warning Signs

Sometimes a store does not have enough wet floor signs needed in order to give customers a fair warning about the slippery condition of a small area, aisle, or walkway. If the signs are not placed correctly, it can be easy for a customer to turn a corner and slip without seeing the sign first.

• Lack of Carpeting or Mats at the Store Entrance

During rainy or misty days, water can slowly leak or be trekked in from outside through customer shoes. Not having rubber mats at the entrance can lead to a customer slipping as soon as they take one step onto the store floor. A mat can be a great boundary between the outside and indoor flooring. Inclement weather is commonly known to cause threats to customers. This is why stores should have protocols in place to provide safety items for those non-sunny days.

• Debris in the Aisles

Stores can quickly become messy and disorganized, particularly on busy weekends and during holiday seasons. Along with the hustle and bustle of shoppers, products can accidentally be dropped to the floor and become a tripping hazard for others. In most cases, retail stores are aware of their busiest days and should have enough staff prepared for duty in order to fix these messes quickly.

• Spills That Have Not Been Cleaned Up

For many reasons, staff may become complacent or even negligent when responding to a puddle of water or liquid spilled on the store floor. Perhaps morale among the staff is low and that can lead to carelessness when tending to the safety needs of the customers. Unfortunately, an employee not attending to a puddle promptly can result in a lawsuit being held against the company if a shopper were to suffer a slip and fall as a result.

Charlotte Premises Liability Infographic

Charlotte Premises Liability Statistics

According to the National Floor Safety Institute (NFSI), each year, more than one million people in the U.S. seek medical care after a slip and fall accident. That comes out to more than 2,000 people every single day. Slip and fall accidents make up about 12 percent of total fall-related ER visits. If you have been injured in a slip and fall accident, speak with a premises liability lawyer to find out your legal options.

Charlotte Premises Liability FAQs

If you have sustained injuries on someone else’s property, you may want to speak with a Charlotte, NC premises liability lawyer. You may be entitled to compensation for your losses. A lawyer from Ted A. Greve & Associates can help you file a timely claim against the negligent parties.

What Are Examples of Dangerous Conditions That Result in Premises Liability Lawsuits?

Property owners have a duty to make sure that their property is safe for other people. If they fail to do this and someone gets injured as a result, they can be held liable. One of the most common dangerous conditions that result in lawsuits are liquid spills. For example, if someone spills juice in a grocery store and it doesn’t get cleaned up right away, a customer could slip and fall. Other dangerous conditions include broken handrails, poor lighting, stray cords, clutter and wet floors.

If the Property Owner Didn’t Know About the Dangerous Condition, Do I Still Have a Case?

Some accident victims may assume that they don’t have a viable claim if the owner wasn’t aware of the dangerous condition. However, this isn’t necessarily the case. If the owner should have known about the condition, it may warrant a lawsuit. For instance, if a handrail on a staircase has been broken for several months, the property owner likely should have known about it. In this situation, a Charlotte premises liability lawyer may be able to help you pursue compensation for an injury.

I Feel Awkward Filing a Claim Because I Got Injured at a Friend or Family Member’s House. Should I File a Claim?

You should absolutely file a claim with the help of a Charlotte premises liability lawyer. Remember, filing a premises liability claim is not the same as taking this person to court over a criminal charge. When you become injured on someone else’s property, you deserve to have compensation for things like medical bills and lost wages. You are not filing a claim against the person. You are filing with their insurance company and ensuring you are able to move forward from this and recover like you need to. While this may make things awkward at first, avoid making it personal. 

Should I Accept the First Settlement Offer?

After you get injured on someone else’s property, that person’s insurance company may contact you to ask you questions about your case. They may even try to offer you a settlement. It can be tempting to accept the first offer. Your medical bills may be piling up and you’re not sure when you can go back to work. However, it is important to understand that the insurance company’s first offer usually isn’t a favorable one. They may try to get away with paying you as little as they can. Always have a lawyer review a settlement offer before accepting it.

How Can I Strengthen My Premises Liability Case?

First and foremost, you should report the accident to the property owner immediately. Tell the property owner when and where the accident occurred and the condition that caused it. If you wait too long to inform the owner, it may look suspicious. If possible, take several photos of the dangerous condition with your smartphone camera. Then, seek medical attention for your injuries. Even if your injuries don’t seem that bad right now, a doctor should still evaluate you and recommend the appropriate treatment.

Do I Need a Lawyer?

While you are not required to hire a premises liability lawyer, doing so may improve your chances of getting a fair settlement. An experienced lawyer will know the true value of your case and help you gather the evidence you need to prove your claim. He or she will handle all negotiations with the insurance company.

Ted A. Greve & Associates, Charlotte Premises Liability Lawyer

1201 N Tryon St, Charlotte, NC 28206

Contact Our Charlotte Premises Liability Lawyer Today

If you or a loved one were recently shopping and suffered an injury, make sure you file an accident report with the store manager. Your next step should be to contact a Charlotte premises liability lawyer right away. Keep all receipts of your hospital visits, emergency care, and treatments for the injuries related to the accident. This documentation can be useful if you decide filing a lawsuit is the right course of action for you. To discuss the details of your case, call Ted A. Greve & Associates to schedule a free case evaluation.