Delivering Justice for Victims of Premises Liability Accidents
When you have been injured on another person’s property you may be entitled to financial compensation with the help of our Charlotte, NC premises liability lawyer to represent your case. The lawyers specialize in personal injury law, specifically dealing with cases where someone is injured on another person’s property due to unsafe conditions or negligence. If you are in need of an lawyer today, contact one at Dr. Ted Injury Law for help.
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.
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 Dr. Ted Injury Law 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 Dr. Ted Injury Law 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.
