Shane Smith Law Shane Smith Law
Call Now:
In Pain? Call Shane!

Our team at Shane Smith Law will review your case, free of charge, and explain your legal options.

Charlotte Premises Liability Lawyers

Fighting For Those Who Have Been Injured on Someone Else's Property in North Carolina

For most people, walking around is something they do without giving it much thought — until something goes wrong, that is. Slips, trips, and falls happen far more often than most people realize, resulting in millions of emergency room visits each year. 

While some slips, trips, and falls can be chalked up to the victim's own clumsiness or inattention, others are caused by hazards that the property owner neglected to address or warn visitors about.

When a property owner's negligence results in serious injuries or other losses, the victim may be entitled to compensation. At Shane Smith Law, we understand the complexities involved in proving negligence and work tirelessly to investigate all aspects of your situation. 

Call Shane Smith Law today at (980) 246-2656 or contact us online to schedule a consultation with our premises liability attorney in Charlotte.

Potential Damages in Premises Liability Cases

Depending on the severity of the accident, premises liability victims may face significant physical and financial consequences. 

Fortunately, North Carolina law gives the victims of premises liability accidents the ability to seek compensation for damages, including:

  • Past, current, and future accident-related medical expenses
  • Medical-related travel expenses
  • Lost wages
  • Loss of earning capacity, if applicable
  • Physical pain and suffering
  • Mental and emotional anguish
  • Scarring and disfigurement
  • Disability
  • Loss of quality of life
  • Loss of enjoyment of life
  • And more

In cases where the defendant's conduct is deemed particularly reprehensible, victims may also be eligible to collect a rarely awarded type of compensation known as punitive damages. Rather than compensating the victim for an economic or non-economic loss, punitive damages are paid to the victim to punish the defendant and deter others from participating in similar conduct.

Common Types of Premises Liability Accidents

Though slips and falls are the most common types of premises liability accidents, they're far from the only kinds of claims our firm handles. The term “premises liability” covers a broad range of accidents and injuries that can occur on someone else's property, whether the property in question is a public place, grocery store, other business, or a private residence.

Types of premises liability accidents include:

  • Slip and fall accidents
  • Trips
  • Negligent security, which may allow for assaults and other violent incidents
  • Fallen object accidents
  • Dog bites and/or animal attacks
  • Carbon monoxide and other toxic fume accidents
  • Swimming pool and other drowning accidents
  • Structural collapses
  • Fires
  • Elevator and escalator accidents
  • And more

Examples of premises liability hazards include:

  • Slippery surfaces
  • Wet floors
  • Spilled liquid
  • Broken stairs or railings
  • Loose floorboards
  • Uneven or cracked pavement
  • Torn or loose carpeting
  • Inadequate lighting
  • Snow and ice
  • Obstructed walkways
  • Fallen objects
  • Hanging objects
  • Improper or unsafe electrical wiring
  • Poor property maintenance and upkeep
  • Visually confusing or disorienting carpet or wallpaper patterns
  • Improperly designed grates
  • Uncovered manholes

Do You Have a Premises Liability Case?

Just because someone was injured on their property doesn't necessarily mean the property or business owner is responsible for damages. 

In order to have an actionable premises liability claim, the case must contain the following elements:

  • The defendant was negligent in the maintenance of the property.
  • The defendant's negligence directly led to the plaintiff's injuries and losses.
  • The defendant was in control of the property at the time of the accident and injury.

Additionally, the defendant must have known — or should have known — about the hazardous condition to be considered negligent for failing to take action. Other examples of negligence can include refusing to inspect the property or complete maintenance in a timely manner.

Premises Liability FAQs 

What Is Premises Liability and How Does It Apply?

Premises liability refers to the legal responsibility that property owners have for accidents and injuries that occur on their property due to unsafe conditions. In Charlotte, as in the rest of North Carolina, this responsibility varies based on the visitor's status as an invitee, licensee, or trespasser. Invitees are owed the highest level of care, where owners must ensure the property is free of danger. A moderate duty of care is required for licensees, who are typically social guests. Trespassers are afforded the least legal protection unless certain exceptions apply, such as with children. Understanding these distinctions is vital when assessing the responsibility of property owners in accidents.

How Long Do You Have to File a Premises Liability Claim in North Carolina?

In North Carolina, the statute of limitations for filing a premises liability claim is three years from the accident date. This timeframe is critical, as failing to file within this period can result in losing the right to seek compensation for injuries sustained. Act quickly and consult with a knowledgeable premises liability attorney who can guide you through the legal process. At Shane Smith Law, we emphasize the importance of prompt action and provide initial consultations to help you understand your legal options.

What Are Common Challenges in Premises Liability Cases?

Premises liability cases can be complex, with several common challenges plaintiffs may face. Proving negligence often requires extensive evidence, including documenting hazardous conditions and establishing the owner's awareness or failure to maintain the property. Additionally, defense tactics may involve arguing comparative negligence, suggesting that the victim's actions contributed to the incident. At Shane Smith Law, we meticulously prepare to counter such arguments, leveraging evidence and expert testimony to fortify your claim.

What Should You Do Immediately After a Premises Liability Accident?

The immediate steps taken after a premises liability accident can significantly impact the success of your claim. It's imperative to seek medical attention, regardless of perceived injury severity, as some injuries may not be immediately apparent. Documenting the scene with photos, collecting contact information from witnesses, and obtaining a copy of any incident report filed are crucial steps. Reporting the incident to the property owner or manager can also establish a record of the occurrence. At Shane Smith Law, we guide clients through these initial steps to ensure a strong foundation for their premises liability claim.

Contact Our Charlotte Premises Liability Attorneys Today

If you were seriously injured in a premises liability accident caused by a property or business owner's negligence, such as negligent security, you shouldn't be left paying the financial consequences of someone else's mistake. The knowledgeable Charlotte premises liability attorneys with Shane Smith Law can help you pursue the compensation you deserve.

Our team is committed to guiding you through the legal process, making it as seamless as possible while you focus on recovery. We educate our clients about their legal rights and options, ensuring that they make informed decisions throughout the process. Using precise legal strategies tailored to the specifics of your situation, we strive to protect your interests and achieve favorable outcomes.

Contact us today at (980) 246-2656 to schedule an appointment for a free initial consultation. Act quickly — North Carolina premises liability victims have just three years to file a claim.