Premises Liability

Premises liability law refers to the responsibility of landowners, property owners, or those renting or leasing property, to provide a safe environment for others who come onto their property or to warn visitors of dangers on the property.  In other words, those in control of land or property have a duty to people who legally enter their land to exercise reasonable care in making sure the property is safe.  As a landowner, you need to either make your property reasonably safe and if that cannot be done, you need to warn of the unsafe condition.  If you don’t do either of those things, you may be liable for injuries suffered by those who enter your property and are hurt by a dangerous condition.

If you are injured on another’s property because of the property owner’s negligence or a breach of a landowner’s duty of reasonable care, you may be able to recover damages by initiating a premises liability action against the landowner, homeowner, property owner, lessor, or lessee of the premises.  Attorney Robert Rouse is an experienced premises liability lawyer and  has successfully handled many claims against businesses, property owners, and land owners when someone was hurt on their property because of negligence.  Premises liability claims can arise from a number of different scenarios, including, but not limited to the following:

• Slip and Fall
• Trip and Fall
• Damaged Flooring
• Uneven walking surfaces
• Slippery Sidewalks or walkways
• Spills not cleaned properly or timely
• Balcony Collapse
• Stairway Collapse
• Falling Trees
• Broken or cracked walkways or sidewalks
• Falls on escalators and elevators
• Dog Bites
• Dog Attacks
• Inadequate Lighting
• Falling objects from store shelving
• Negligent Security
• Failure to warn of unsafe conditions

Our office has successfully represented many clients in premises liability claims.  Pursuing these cases in North Carolina can be very difficult for a number of reasons.  The first is that North Carolina is a pure contributory negligence state, meaning if you contribute to your own injuries, you may be barred from recovery.  Premises liability cases, particularly slip and falls and trip and falls, almost always trigger a defense of contributory negligence.  Having a lawyer who is experienced in arguing premises liability cases can help overcome the contributory negligence defense such that you can get a financial recovery for your injuries and other damages.  The second factor that makes these cases difficult is finding insurance money available.  If you have suffered a serious injury on someone else’s property, you will want to make sure that your attorney has discovered all insurance policies that may be available to compensate you.  Insurance coverage can get very tricky, particularly when the property is occupied or leased by a person or business who does not own the property.

Gathering evidence in a slip and fall claim or premises liability case is extremely important.  We recommend photographing the area where the incident occurred.  If you are injured in a store or business, make sure to report it to the manager on duty, fill out an incident report, and get the name and contact information of any witnesses who saw or heard the incident.

Serious injuries can result from premises liability claims.  The most common injuries involve broken bones, back and neck injuries, head injuries, cuts and bruises, scarring, and torn ligaments.   If you have suffered a serious injury on someone else’s property because of an unsafe or dangerous condition, call the Law Offices of Robert D. Rouse, III, to set up your free consultation with an experienced trial lawyer.