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When filing a premises liability injury claim in Charlotte, you should be prepared to encounter numerous obstacles that could prevent you from obtaining the compensation owed to you. To help avoid or mitigate any potential issues or conflicts, reach out to an experienced attorney for help. A lawyer could walk you through the claims process and help you prepare your case. To get started, schedule your free consultation today.

Elements of a Charlotte Premises Liability Case

The incident must occur on the property of another and must involve negligence. A breach of a duty of care should have also occurred for the case to be considered premises liability. There must also be an injury with some type of damages usually in the form of medical expenses.

In addition, the property owner should have known or corrected the hazard which caused the person’s injury. If it can be proved that the owner was aware of any hazards and chose to not act, they could be held liable for damages.

Impact of the Type of Property

The type of property where an incident occurs points to who owns the property or who controls the property. If the property is a sidewalk controlled by the city, certain immunity comes into play where the city is not responsible. If the property is a store that is designed to bring people in and the store did not take proper care of the floors and failed to do something to prevent someone from falling or put a sign in the right location, the claims would most likely be brought against a private entity.

Recoverable Damages in a Premises Liability Case

There are various damages victims may be able to recover with the help of an attorney. Although compensation is never guaranteed, with an attorney at your side, your likelihood of recovery may dramatically increase. The most common types of damages you could obtain in a premises liability case include:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damages
  • Mental anguish

Contributory Negligence in a Premises Liability Case

The best tool a defense attorney has is the North Carolina law of contributory negligence. If the defense can prove that the injured party is even one percent at fault by not paying attention to where they were going or were distracted by a phone or something else, they lose the case. The law is unfair, but the plaintiff must be able to navigate through these laws in order to secure the compensation potentially owed to them.

Reach Out to an Experienced Attorney

By having an attorney at your side, you may be able to build a convincing case. An attorney may be able to help you organize all the necessary details of your accident, such as the floor conditions of the property and an in-depth account of your injuries. To get started on a case, be sure to schedule a consultation today. The deadline to file a claim begins from the day of your accident, so be sure to reach out to an attorney as soon as possible.