Duty to Maintain
Property owners have a duty to maintain their property and keep it safe and hazard-free. North Carolina law imposes this duty on all property owners, public and private. When a property owner breaches this duty and injuries occur, North Carolina’s premises liability laws entitle the innocent party to be compensated for resulting injuries and damages, including medical bills, pain and suffering, lost wages, and other losses. If you have suffered an injury while on someone else’s property and believe you have a premises liability claim, you should contact an experienced premises liability, or “slip-and-fall," attorney right away.
An issue that often arises in premises liability and slip and fall cases is Contributory Negligence. Under current North Carolina law, an injured person is barred from recovery of damages if their own negligence in any way contributed to the accident. If you are on someone else's property, whether commercial or private, you have a duty to watch out for unsafe or hazardous conditions. If there is evidence that the hazard was open, obvious, and detectable, you may have difficulty recovering damages. We can help you determine if contributory negligence might be a factor in your case.
Establishing Liability in a Premises Liability Case
There are many different kinds of premises liability cases, including but not limited to the following:
- Slip and Falls. There is no end to the number of different ways slip-and-fall injuries can occur. Slip-and-fall cases frequently arise from accidents such as slipping in a puddle that has not been properly marked or thoroughly cleaned or falling on an uneven surface or a poorly designed staircase. No matter how slip-and-fall accidents occur, they can cause serious injuries, including broken bones, spinal damage, herniated discs, concussions, and head trauma, all of which require extensive medical care and prolonged recovery. If you have suffered a slip-and-fall injury, having the skills and assistance of a premises liability attorney may be the only way you can ensure a full and fair recovery for all of your damages.
- Dog Bites and Injury by Animal. Property owners and leaseholders have a duty to the public to control animals within their care. Animal attacks can be serious and have long-lasting effects. If someone’s animal has injured you while on their property, secure the assistance of an experienced premises liability attorney.
- Assaults. Many places such as banks, ATMs, shopping centers, hotels, parking decks, and high-risk areas attract predators seeking to benefit through taking advantage of low-budget or nonexistent security measures. If a property owner fails to adequately protect against foreseeable bad acts by third parties, the property owner can be held liable for any resulting injuries. Such cases can present complex legal issues that require the skills of an experienced premises liability attorney.
- Defective and unsafe conditions. Property owners in North Carolina must maintain their property to keep it in a reasonably safe condition. This duty applies to public entities such as government or municipal owners as well as private owners such as an individual or corporation. The duty of care also extends to all areas of the property including sidewalks, common areas, lobbies, and staircases. With an experienced premises liability attorney on your side, you can be assured that your claims for recovery are couched in the correct legal theory and that you are proceeding against the proper party for purpose of liability.
James T. Johnson
Determining Damages in a Premises Liability Case
After establishing a property owner’s liability in a lawsuit, the injured party can present evidence of damages, both economic and non-economic. Economic, or “actual,” damages include all damages that can be proven by exhibits or expert testimony, such as medical bills and expenses, lost wages, and future medical care. Non-economic damages include pain and suffering and punitive damages.
Protecting Your Rights in a Premises Liability Case
If you have been injured on someone else’s property, there are certain measures you can take to make sure your rights are protected. Establishing a legal claim for premises liability depends on the evidence, and evidence can often disappear in a premises liability matter. Establishing liability by documenting the property owner’s breach of duty can help your attorney maximize your recovery. Some measures include:
- Identifying witnesses and/or property managers and recording their contact information, including names and telephone numbers
- Documenting your injuries and the accident by contacting the police for a police report or by asking property management for an incident report
- Documenting the accident by taking photographs of the scene, the defective condition, or other hazards
The more you are able to document about your accident and injuries, the better your chances of getting your premises liability case settled without having to file a lawsuit and go to court. It is very important to be careful what you say to the landowner/storekeeper or any agent of an insurance company that contacts you. Agents and adjusters are skilled in manipulating responses. It is always best to seek the advice of a lawyer before answering questions.
DeMent Askew & Johnson’s attorneys have the experience to handle any premises liability matter. While you recover from your injuries, you can rest assured knowing we are at work for you. If we are unable to acquire fair and full settlement in advance of litigation, we are skilled trial lawyers unfettered by the trial process. Call us today to schedule your free consultation at 919-833-5555.
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Long-time Sales Associate at Plumbing and HVAC Supply Company Receives Confidential Settlement as a Result of Medical Malpractice
DeMent Askew & Johnson’s client was in his yard filling a birdfeeder with birdseed when he fell and twisted his left leg in an awkward position. He immediately heard a crack and saw that his left ankle was turned in an awkward position. His wife called 911. EMS arrived and transported him to a local…
Estate of Elderly Mother of Three That Suffered Through Negligent Care at a Nursing Home Resulting in Death Receives Large Confidential Settlement
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In a unanimous opinion filed on December 18, 2018, a three-judge Court of Appeals panel affirmed the $6.12 Million Dollar jury verdict Mr. Johnson and associate Chynna Smith won on behalf of their client, a former state firearms examiner, Beth Desmond, in her libel case against the Raleigh News & Observer and reporter Mandy Locke.…
Man Moving from Georgia to West Virginia to be Closer to Family Hit by 18-Wheeler in North Carolina Receives $140,000.00 Settlement After Extensive Litigation
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Stroke Victim Resident of a Nursing Home that Was Raped by Co-Resident Receives Large Confidential Settlement
DeMent Askew’s client had suffered a stroke years ago. She could not speak as a result of the stroke, and she was also confined to a wheelchair. However, she was still very sharp mentally. She was residing in a nursing home because of her physical limitations. One day, a new resident appeared in the nursing…
North Carolina Crime Lab Firearms Examiner Wins 9 Million Dollar Verdict in 3 ½ Week Long Libel Jury Trial Against the News and Observer
9 Million Dollar Verdict is Top Verdict in North Carolina for 2016 as Reported by Lawyers Weekly! Attorney: James Johnson, Dement Askew Date of Verdict: October 2016 In 2006, North Carolina expert firearms examiner Beth Desmond was asked to examine some bullet fragments and shell casings from a homicide crime scene. The incident occurred in…
Single Mother on Her Way to Work Hit by Pick-Up Truck Running a Red Light Receives $122,500.00 Settlement Just Before Trial
DeMent Askew & Johnson’s client was driving south on Lake Wheeler Road in Raleigh on her way to work. She was approaching the intersection with Centennial Parkway and was intending to travel straight through the intersection. At the same time, the Defendant was driving a large pick-up truck traveling in a northerly direction on Lake…
Part-Time Student and Restaurant Worker Attacked by Two Pit Bulls While Mowing Grass Receives $101,000.00 Settlement After Extensive Litigation Including Separate Lawsuit Regarding Insurance Coverage
On a summer afternoon, Mr. Johnson’s client was mowing the lawn at the residence of a friend house in Raleigh. The property line running along the back of where he was mowing the lawn runs alongside and is adjacent to the back of the yard of a house which was being kept two Pit Bull…