Being injured on private property can cause more than just physical pain: depending on the severity of the situation, you may suffer from steep medical bills and serious financial losses, too. But in some instances, you can pursue a lawsuit with the help of a qualified premises liability lawyer. Read on for more information to help you figure out what to do if you’ve been injured while on someone else’s property.
Property Owner Liability
The property owner may be held responsible for some danger that was present on his or her premises that caused an accident and/or injury to happen. If this is your case—that there was some hazard present on the private property that you were injured on, and it was the property owner’s responsibility to keep the hazard away—you may be able to collect damages for the personal harm you’ve incurred.
In order to do so, you will have to prove that they were the reason the hazard or danger that caused your injury was present on the property. This may be that they were the owner of the patio you slipped and fell on, or a construction site, something on their property was the cause of you getting hurt such as there was a fire or attack by an animal or criminal and the security measures on the property were insufficient.
Your premises liability case will only be viable if you can prove that:
- You were harmed on someone else’s property.
- The person who was responsible for your injury occupied, leased, or owned the property on which you were injured.
- They were negligent in their use or maintenance of said property.
- Their negligence was a substantial contributor to your injury.
In order to receive potential damages for your personal injury claim, you have to be able to prove that the defendant—the property owner or operator—was in some way negligent in their use of the property you were injured on and that their negligence was the reason for your injury. To determine whether they were truly at fault, examine these three potential situations:
You were invited
This means that you were present on the defendant’s property explicitly for their benefit, such as an instance in which you bought a ticket to enter the property. Property owners are legally required to attend to their property for the safety of invitees, so in this case, they would be liable for your injury on the premises.
You are a Licensee
This means that you were given permission, whether implicitly or expressly, to enter and/or use the property. This would include being invited onto the property for a social occasion. If that was the case, the defendant was responsible for telling you of any potential dangers ahead of time, or otherwise making dangers known to guests/licensees.
Of course, there are instances where the defendant would not normally be held liable, such as if someone were trespassing on their property—entering it without permission—and then injured themselves.
Find a North Carolina Premises Liability Lawyer
If you’ve been injured on someone else’s private property, it’s important to know your rights and the potential damages you could claim. If you’re located in North Carolina and need a premises liability lawyer to help you win your case, give us a call at Lewis & Keller today or complete our online contact form.