In most situations, the owner or manager of the property is responsible for injuries in premises liability cases. Premises liability refers to a situation where a person is injured on another’s property, due to the owner or manager’s failure to keep the property in a reasonably safe condition. This may apply in public places like malls, stores, parks, nightclubs, etc. The owner has a duty of care to ensure the premises are safe for the property’s guests, as well as its employees. It is also true if you invite someone to your home or other private property. By inviting them, you are implying the premises are reasonably safe.
There are some exceptions. If a person is renting a property, the tenant may be responsible as they are considered to be maintaining the property. However, this may not apply to unsafe conditions that existed before the tenant moved in, or issues that are considered to be the landlord’s responsibility to maintain based on the rental agreement. If you are unsure who might be liable in a premises liability case, your attorney should be able to help you figure it out.
Contributory negligence statutes in North Carolina make it more difficult to win a personal injury case in some situations. The basic idea of contributory negligence is that if the victim was even partially responsible for their own injuries, you will not receive any damages. So if you were hurt while driving recklessly on a golf cart, then sue the golf course owner for failing to maintain the golf course correctly, you will not receive anything if the plaintiff’s attorney can prove contributory negligence – even if the state of the course contributed to your accident.
There are four burdens of proof in a premises liability case. Your attorney will need to provide evidence to support the following claims:
If you or a loved one have been injured on someone else’s property, it’s a good idea to seek advice from an experienced personal injury attorney. Auger and Auger’s team of experienced personal injury attorneys handle serious premises liability injury cases and have a lot of experience in dealing with contributory negligence. They will be able to advise you on who might be responsible, and if you have enough evidence to be successful with a claim. Give them a call for a free case evaluation today!