Premises Liability Lawyer New Bern | Ward and Smith, P.A. Personal Injury

Premises liability claims arise when property owners fail to maintain safe conditions, leading to injuries on their property. If you’ve been injured in a premises-related accident in New Bern, the premises liability lawyers at Ward and Smith are here to help. Our dedicated team understands the intricacies of these cases and is committed to holding negligent property owners accountable. Contact us at (252) 421-5281 for a free consultation, and let us assist you in seeking the compensation you deserve for your injuries.

Understanding Premises Liability

Premises liability is a legal concept that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. This area of law is essential for protecting individuals who suffer harm while visiting residential, commercial, or public properties. Understanding the fundamentals of premises liability can help you navigate legal options if you find yourself injured on someone else’s property.

What is Premises Liability?

Premises liability refers to the legal responsibility of property owners to ensure their premises are safe for visitors. When a person is injured on a property due to hazardous conditions, the owner or occupant may be held liable for the injuries sustained. This liability applies to various types of properties, including homes, businesses, parks, and other public spaces.

The principle behind premises liability is based on the notion that property owners have a duty to maintain their premises and protect visitors from foreseeable harm. This duty varies depending on the relationship between the property owner and the visitor, which typically falls into one of three categories: invitees, licensees, and trespassers.

Types of Visitors

Invitees: These are individuals who are invited onto the property for a business purpose, such as customers in a store or clients in an office. Property owners owe the highest duty of care to invitees, requiring them to regularly inspect their premises and remedy any unsafe conditions.
Licensees: Licensees are visitors who enter the property for their own purposes, with the owner’s consent. This category includes social guests. While property owners must warn licensees of known dangers, they are not required to inspect the property as thoroughly as they would for invitees.
Trespassers: Trespassers enter the property without permission. Property owners have a limited duty to refrain from willfully injuring trespassers. However, if the trespasser is a child, the “attractive nuisance” doctrine may apply, requiring property owners to take precautions to protect children from dangerous conditions.

Common Causes of Premises Liability Claims

Injuries can occur in various situations, and several common hazards can lead to premises liability claims:

Slips and Falls: Wet floors, uneven surfaces, or debris can cause slip and fall accidents, which are among the most frequent premises liability claims.
Inadequate Maintenance: Failure to maintain the property, such as broken handrails, damaged walkways, or malfunctioning elevators, can lead to serious injuries.
Negligent Security: Properties lacking sufficient security measures, such as proper lighting or surveillance, can become hotspots for criminal activity, resulting in injuries to guests.
Dog Bites: Owners may be held liable for injuries caused by their pets if they failed to control or contain the animal.
Swimming Pool Accidents: Drowning or injury incidents in pools can occur if safety measures are not properly implemented.

Proving a Premises Liability Case

To establish a successful premises liability claim, the injured party (plaintiff) must demonstrate certain elements:

Duty of Care: The plaintiff must show that the property owner had a legal obligation to maintain a safe environment for visitors.
Breach of Duty: The plaintiff must provide evidence that the property owner failed to uphold this duty. This could involve proving that the owner knew about a hazardous condition or should have known about it through reasonable inspection.
Causation: The plaintiff must establish that the unsafe condition directly caused their injury. This may involve presenting medical records, witness statements, or expert testimony.
Damages: Finally, the plaintiff must show that they suffered damages as a result of the injury, such as medical expenses, lost wages, or pain and suffering.

Defenses to Premises Liability Claims

Property owners may present several defenses to counter premises liability claims, including:

Comparative Negligence: If the injured party is found to be partially responsible for the accident (for instance, by ignoring warning signs), their compensation may be reduced proportionally.
Open and Obvious Dangers: If the hazard was clearly visible, the property owner may argue that the visitor should have been aware of it and taken precautions.
Lack of Notice: Owners may contend that they were unaware of the unsafe condition and, therefore, could not have addressed it.

The Role of Insurance

Many property owners carry liability insurance to protect themselves against premises liability claims. If you are injured on someone else’s property, their insurance may cover your medical expenses and other damages. However, insurance companies may attempt to minimize payouts or deny claims, so it is often beneficial to seek legal advice when navigating these situations.

When to Seek Legal Help

If you or a loved one has been injured on someone else’s property, it’s essential to understand your rights. Consult with a personal injury attorney experienced in premises liability cases to evaluate your situation. They can help you gather evidence, understand the applicable laws, and navigate the claims process.

Premises liability is a critical aspect of personal injury law that ensures property owners maintain safe environments for their visitors. Understanding the nuances of this legal area can empower individuals to seek justice if they suffer injuries due to negligence. Whether you are dealing with a slip and fall, an inadequate security situation, or any other hazardous condition, knowing your rights is essential for pursuing the compensation you deserve. If you suspect negligence has led to an injury on someone else’s property in New Bern, don’t hesitate to reach out to a qualified personal injury attorney to discuss your case.

Skilled Premises Liability Attorney in New Bern

When unsafe conditions on someone else’s property lead to injury, holding the responsible parties accountable is essential. At Ward and Smith, our knowledgeable premises liability attorneys are dedicated to helping you navigate your claim and achieve the compensation you deserve. We understand the complexities involved and are here to provide the expertise and support you need. Reach out to us at (252) 421-5281 for a free consultation, and let us help you take the necessary steps toward securing justice and recovery.