When you visit another person’s private property in Mooresville, you have the right to expect them to have taken appropriate care of the property, addressing any foreseeable safety hazards you might encounter during your visit. Under the state’s premises liability laws, a property owner must fix any safety issues they notice on their property or at least make a reasonable effort to prevent them from harming lawful guests and visitors. This rule applies to both residential and commercial property owners in the state.
If you visit another person’s property and suffer a slip and fall, an injury from any other hazardous element on the property, or an injury from their dog attacking you, you likely have grounds to pursue a personal injury claim under the North Carolina’s premises liability laws. As long as you were lawfully present on their property, they are liable for any damages you sustained due to their failure to maintain reasonably safe premises.
The team at The Law Office of William T. Corbett, Jr., P.L.L.C., can provide the legal representation you need for a premises liability case in Mooresville. We take time to learn as much as possible about each client’s unique situation to provide them with responsive and compassionate legal counsel, addressing their individual needs and concerns throughout all stages of their case. You have a limited time in which to file a personal injury claim for premises liability, so it is essential that you reach out to legal counsel you can trust in the aftermath of your accident.
A premises liability claim could pertain to any injury you suffered on someone else’s property. However, you must have been lawfully present on the property to have grounds for legal recourse. The most commonly filed premises liability claims in the state are slip and fall accidents and dog attacks. In either type of case, the plaintiff must not have been trespassing or intruding on the property owner’s private property. The state’s premises liability laws only apply to lawful guests, visitors, and customers, including those who have a property owner’s express or implied permission to enter the property.
In a slip and fall accident claim, the plaintiff must prove that the property owner knew or reasonably should have known about a foreseeable safety hazard that caused their injury. Damaged stairs, broken floorboards, and tripping hazards are just a few examples of how slip and fall accidents might occur.
When it comes to animal attacks like dog bites, North Carolina law upholds a one bite rule in most cases. This means the dog owner will face liability for a victim’s medical expenses when their animal has injured them unprovoked. However, if a dog is classified as dangerous or has a record of a previous bite, the dog owner faces strict liability for all harm their pet caused the victim. Similar to proving lawful presence on the property, the victim must also prove that they did not provoke the attack in any way for strict liability to apply.
It’s important to know the distinction between personal liability and premises liability if you intend to pursue legal recourse for a recent slip and fall or dog attack in Mooresville. Personal liability applies to the individual’s duty to use reasonable care and good judgment in a specific situation, whereas premises liability applies to a property owner’s duty to ensure their property is safe for lawful visitors. The state upholds a contributory negligence law, so if a plaintiff in any personal injury claim is found to have contributed to causing their damages through their own personal liability, this will bar them from claiming compensation from the property owner.
After establishing fault for your premises liability claim, you must then prove the full extent of the damages you suffered. North Carolina law allows you to seek full repayment of immediate and future economic damages you incurred from the defendant’s negligence, which may include:
After your attorney calculates your total immediate and future economic damages, you might learn that your case is worth more than you initially expected. However, your recovery can also include pain and suffering compensation. North Carolina law does not limit pain and suffering in most personal injury cases, so the plaintiff has the right to seek as much as they deem appropriate to reflect the severity of their injury. Your Mooresville premises liability attorney can help determine a suitable amount to seek from the defendant, and this could form the bulk of your total case award if you suffered any level of long-term or permanent harm.
The right attorney can have a tremendous positive effect on the outcome of your premises liability claim in Mooresville. The Law Office of William T. Corbett, Jr., P.L.L.C., has years of experience handling a wide range of personal injury cases for clients in Mooresville and surrounding communities, and we have a track record to prove we can handle the complexities of your impending case. You have a limited time in which to file your personal injury claim for a slip and fall, dog attack, or any other premises liability injury you recently suffered, so contact us today and schedule a free consultation with a Mooresville premises liability attorney to learn more about the legal services we provide.