Commercial property is any property that is owned by a business. Any type of retail store, mall, or office building would be considered commercial property. Commercial property liability is the same as premise liability since it involves a commercial building. Anyone who owns commercial property has a duty to protect the public being invited in to keep them from unsafe conditions that they know about or should have known about and to warn them of conditions that are hazardous. For more information about commercial property in Charlotte premises liability cases.
Requirements of a Property Owner
Property owners have many responsibilities, but their most important responsibility is owed to invited guests. On top of monitoring cleaning crews and employees, it is the property owner’s responsibility to provide a safe space for people visiting their property. During hazardous weather, the property owner should be mindful that they have a duty to know about a situation that happened or is happening such as ice, rain, or snow.
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Statute of Limitations for Commercial Property Premises Liability
The statute of limitations for commercial property liability in North Carolina is three years. If the victim is under the age of 18, the three years does not start running until the individual turns 18. There are no other exceptions to the statute of limitations. In order to have a case dismissed by this deadline to file a claim, it may be imperative to work with an attorney.
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Proving Liability in Commercial Property Landowner Negligence Cases
Liability is assigned when the person who brings the claim has the burden of proof. The plaintiff should be ready to prove that:
- The property contained hazards
- The property owner has a duty to protect others from being hurt
- The property owner breached the duty by failing to warn or fix the hazardous condition
- The hazardous condition caused the injuries sustained by the plaintiff
If a plaintiff cannot prove these elements, they may find it difficult to hold the negligent party accountable for their recklessness. For more information, be sure to retain the services of a trusted attorney.
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Potential Defendants
One potential defendant in a commercial liability case is the owner of the building, another is the property manager. There might also be a third-party group. The best example is a cleaning company or in some retail stores, groups that come in to set up displays. They could also be held liable if their display caused an injury.
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Premises Liability Claims Against Large Corporations
Large corporations are sometimes self-insured. They must pay any kind of damages out of their own pocket. In North Carolina, no matter how big the company is, they are on a level playing field with the other parties involved in the case. However, the main factor separating large entities from other smaller companies is their ability to retain skilled lawyers who may be able to find holes in the plaintiff’s arguments. For this reason, it is crucial to work with an attorney experienced in dealing with these types of cases.
Contact an Attorney Today
If you have been injured in a premises liability case, it may be best to retain the services of an attorney. A lawyer with experience in these types of cases could leverage their knowledge in a way that could prove to be most beneficial to your case. In addition, a lawyer could help you hold the correct parties liable for their negligence. For more information, be sure to retain the services of a trusted injury attorney today.
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