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A Deep Dive Into Premises Liability Law | Irons & Irons

Written by Gib Irons | February 4, 2025 at 2:30 PM

Property owners have a fundamental legal responsibility to maintain safe conditions for visitors on their premises. Whether you've been injured on someone else's property or are a property owner wanting to understand your legal obligations, it's crucial to understand premises liability law in North Carolina. At Irons & Irons P.A., we're committed to helping our clients navigate these complex legal matters.

 

Understanding Premises Liability in North Carolina

Premises liability law governs a property owner's legal responsibility to maintain safe visitor conditions. This responsibility extends to both commercial properties like stores and restaurants, as well as residential properties. Under North Carolina law, property owners and managers must exercise reasonable care to protect visitors from unnecessary exposure to dangerous conditions.

 

Types of Visitors and Duty of Care

The level of care a property owner owes depends on the visitor's status.

1. Invitees


These are individuals invited onto the property for business purposes, such as customers in a store or clients visiting an office. Property owners owe the highest duty of care to invitees and must:

  • Regularly inspect the property for hazards
  • Promptly address known dangers
  • Provide adequate warning of potential hazards

2. Licensees


Social guests and others who enter the property with permission for their own purposes are considered licensees. Property owners must:

  • Warn of known hazards
  • Maintain reasonably safe conditions
  • Address obvious dangers

3. Trespassers


While property owners owe the lowest duty of care to trespassers, they still must avoid willfully or wantonly causing injury. An important exception exists for child trespassers under the "attractive nuisance" doctrine.

 

Common Types of Premises Liability Cases

Slip and fall accidents commonly occur due to wet or slippery floors, uneven walking surfaces, and poor lighting conditions. We also see many cases involving broken or inadequate handrails, as well as debris or obstacles left in walkways that create dangerous conditions for visitors.

In cases of inadequate security, property owners may be liable for crimes occurring on their property if they fail to provide reasonable security measures. This includes failing to maintain proper lighting in parking areas, not having security personnel when warranted, neglecting to maintain functioning locks and security systems, or lacking adequate surveillance cameras.

Maintenance-related injuries often result from structural defects and building code violations. These cases frequently involve injuries from falling objects or accidents on defective stairs or elevators. Property owners have a responsibility to maintain safe conditions and can be held liable when their negligence leads to such injuries.

 

Proving a Premises Liability Case

To successfully pursue a premises liability claim in North Carolina, you first must establish:

  1. The property owner owed you a duty of care
  2. They breached this duty through negligence or failure to maintain safe conditions
  3. This breach directly caused your injury
  4. You suffered actual damages as a result

 

North Carolina's Contributory Negligence Rule

It's important to note that North Carolina follows a strict contributory negligence rule. If you are found even partially at fault for your injury, you may be barred from recovering compensation. This makes it crucial to have experienced legal representation to protect your rights.

 

Property Owner Obligations

To avoid premises liability issues, property owners should:

  • Conduct regular property inspections
  • Maintain proper documentation of maintenance and repairs
  • Address hazards promptly
  • Provide adequate warning signs for known dangers
  • Maintain proper insurance coverage
  • Train staff in safety procedures

When to Contact a Premises Liability Attorney

If you've been injured on someone else's property, it's important to:

  1. Seek immediate medical attention
  2. Document the conditions that caused your injury
  3. Report the incident to the property owner
  4. Gather witness information
  5. Contact an experienced premises liability attorney

At Irons & Irons P.A., our legal team has extensive experience handling premises liability cases throughout North Carolina. We understand the complexities of these cases and work diligently to help our clients secure the compensation they deserve for their injuries.

Contact our office today at (252) 215-3000 to schedule a consultation with our experienced premises liability attorneys. We'll review your case and help you understand your legal options.

 

Get Professional Legal Help

Premises liability cases can be complex, requiring thorough investigation and strong legal advocacy. Our experienced attorneys at Irons & Irons P.A. have a proven track record of success in premises liability cases and are ready to help you pursue the compensation you deserve.

Don't wait to seek legal help if you've been injured due to unsafe property conditions. Contact Irons & Irons P.A. today to schedule your consultation and learn how we can help protect your rights.