When an accident occurs on someone else’s property in North Carolina, it can often lead to a premises liability lawsuit. In these situations, the task of proving negligence falls on the injured person. What should you know about these situations?
What is premises liability?
Property owners must ensure that their property is reasonably safe for visitors, and failing to do so can lead to legal consequences. Premises liability refers to a legal principle that holds property owners and residents liable for accidents and injuries that occur on their property. This could include a slip and fall, injuries that result from inadequate security, or any other injuries that relate to hazards on the property.
What do injured people have to prove in a premises liability claim?
In North Carolina, like in many other states, the injured person bears the burden of proof in a premises liability case. This means the victim must demonstrate that the property owner’s negligence led to their injury.
To establish a premises liability claim in North Carolina, an injured person must prove several elements:
- Duty of care: The injured person must show that the property owner had a duty to help protect their safety. Generally, property owners owe the most care to people they invited on their property, while they would not owe a trespasser the same care.
- Breach of Duty: The injured person must prove that the property owner did not do their duty. This could involve failing to repair a known hazard, not warning of potential dangers or any action that falls below the reasonable standard of care expected.
- Causation: The injured person must show that the property owner’s negligence was a direct cause of the injury. This means showing that the injury would not have occurred if it were not for the owner’s negligence.
- Damages: Finally, the plaintiff must prove that they suffered actual damages because of the incident. This can include medical bills, lost wages, pain and suffering and other related costs.
One unique aspect of North Carolina law is the doctrine of contributory negligence. Under contributory negligence, if the court decides that the injured person is even slightly at fault for the incident, they cannot recover any money from a lawsuit. This means that if the injured party did not take precautions to keep themselves safe, their case might not result in compensation.
The burden of proof in North Carolina premises liability lawsuits places a significant responsibility on the injured party. With careful preparation and the right legal guidance, injured people can effectively present their case and seek the justice and compensation they deserve.