Do I Have a Premises Liability Claim?
A person who is a lawful visitor to someone else’s property may recover for injuries sustained as a result of negligence. A premises liability attorney can review your case and determine if you have a viable claim against the owner of the property and/or an occupier on the premises.
The Whitley Law Firm has extensive experience representing people who have been injured through no fault of their own. We can determine if you have a premises liability claim and pursue the compensation you deserve.
Please call the Whitley Law Firm at (919) 785-5000 today to speak to a premises liability attorney. It won’t cost anything to see if we can help.
5 Questions to Determine If You Have a Premises Liability Claim
Premises liability claims can involve injuries sustained as a result of a number of different incidents on dangerous properties. Common types of premises liability claims include:
- Slip and fall accidents
- Trip and fall accidents
- Negligent security
- Dog bites and dog attacks
- Swimming pool accidents
- Toxic exposure
A premises liability attorney will examine the following to determine whether or not you have a case.
1. Were You Injured on Someone Else’s Property?
To have a premises liability claim, the injury must have occurred on premises owned and/or operated by another party. North Carolina law allows injury victims to file premises liability claims for accidents occurring on premises owned and operated by individuals, businesses, and government agencies. This includes premises such as:
- Someone else’s house, condo, or apartment
- An office building or medical facility
- A retail store or warehouse
- A gym, fitness center, or swimming pool
- A dock, port, or marina
- A hotel, bar, or restaurant
- A sports stadium or entertainment venue
- A government building
What if you were working at the time of the accident? In this scenario, you might be limited to filing for workers’ compensation. However, you could have a premises liability claim as well.
While employees who are eligible for workers’ compensation generally can’t file claims against an employer, they can file claims against negligent third parties. Since many employers rent the premises, injured workers may be able to make a claim against the owner of the property.
2. Was Your Injury Caused by the Negligence of a Property Owner or Occupier?
In addition to suffering injury on the premises, you must prove that the owner of the property and/or an occupier on the premises (a tenant, for example) is at fault. Fault for an injury on dangerous premises can take many forms, from failing to clean up spills to failing to repair known hazards on the property.
Ultimately, the question of fault in a premises liability claim depends on who has control of the property. A premises liability attorney will investigate to determine who is legally responsible for the condition of the premises and take action against the appropriate party or parties on your behalf.
3. Is There Evidence of the Premises Accident?
Establishing fault in a premises liability claim requires evidence. Ultimately, you need to prove that an owner or occupier’s negligence created a hazard on the property that caused your injury.
The best way to do this is to take photos or video footage of a dangerous condition (such as a slippery floor, cracked pavement, etc.) and speak to any witnesses who saw you get hurt. You should also save damaged clothing and other personal items, as these could be evidence of a hazard on the premises as well as your injuries.
If you were unable to take photos or speak to witnesses on the premises when the injury occurred, it can be challenging to make a claim. Evidence may still be available in the hours or days after the incident, but it is important not to wait to speak to a lawyer. A premises liability attorney will investigate promptly and collect any available evidence.
4. Have You Sought Treatment for Your Injuries?
Filing a successful premises liability claim also requires evidence of your injury. After being injured in a premises-related accident, you should see a doctor right away. If you haven’t yet seen a doctor, you should do so promptly. During your appointment, you should be sure to clearly explain how you were injured and what symptoms you experienced immediately after the accident.
A premises liability attorney will review your medical records and consult medical experts to evaluate the full extent of your injuries. Your lawyer will also add up the cost of your medical treatment so far and any additional medical expenses you are likely to incur (along with other damages) to determine the full value of your premises liability claim.
5. Do You Still Have Time to File a Claim?
In North Carolina, you have 3 years from the date of the accident to file a premises liability claim in most cases (see North Carolina General Statutes § 1-52). So, if it has been less than 3 years since you got injured on someone else’s property, you should still have time to make a claim.
With that said, unnecessary delays can make it difficult to recover fair compensation. As such, you should consult a lawyer promptly.
Contact a Premises Liability Attorney Today
Ultimately, determining whether you have a premises liability claim requires an in-depth evaluation of your case by an experienced lawyer. If you have any questions about your legal rights, we encourage you to contact the Whitley Law Firm as soon as possible.
Our team believes in wholehearted care. When you hire the Whitley Law Firm, you can count on our attorneys and staff to fight for your rights, pursue the maximum compensation you deserve, and treat you with the utmost respect and compassion.
The Whitley Law Firm has offices in Raleigh, Kinston, and New Bern. Our premises liability attorneys represent individuals who have been injured on dangerous properties throughout North Carolina.