Durham Premises Liability Lawyer
Premises liability establishes a property owner or non-owner resident’s responsibilities to those that enter their property. Property owners and resident non-owners are generally required to maintain the property to protect others from injury. This maintenance may require warnings or repairs to the property to ensure the safety of those with a right to enter the property. Those that have suffered an injury as a result of property not being maintained may have a legal right to recover for injuries they sustained with the help of an injury attorney.
If you have been injured due to negligence or recklessness of another person’s property, a Durham premises liability lawyer can help guide you through the legal process toward seeking compensatory damages you deserve.
Premises Liability Law
Premises liability is a niche area of personal injury law. Under the theory of premises liability, owners and those with control of property have the best opportunity to anticipate, find, and remediate problems and defects with their property so that it is safe for those with authorization to enter.
When a person is injured as a result of the property owner breaching that duty, it may give the injured person a cause of action. The specific duties that are attributable to property owners are dependent on what type of guest the injured person is.
The specific duties that property owners owe varies based on the classification of the guest. Property owners owe the greatest duty of care to someone with an expressed or implied right to enter, such as customers in a retail establishment or invited guest. There is a lesser duty to those entering the property for their own benefit, but nonetheless, there is a duty to them. There is not, however, a general duty to maintain property for trespassers in North Carolina, unless the trespasser is a child protected by the attractive nuisance doctrine.
An experienced Durham premises liability attorney can guide the injured party through the process to ensure that they understand the property owner’s duty to them. The attorney will also establish whether the duty was breached.
Statute of Limitations
Premises liability cases, like all personal injury cases, can be time barred if the injured person fails to timely file a claim in court before the deadline to do so expires. In North Carolina, a claimant has three years from the date of the injury to file a claim when the injury was caused by a property owner’s negligence. If, however, the injury was caused by defective property or the property being left in an unsafe condition, the injured party has six years before the claim is time barred.
While all claims may not need to progress to court, a premises liability attorney in Durham will have the option to file a claim in civil court, which can increase the other party’s willingness to negotiate. Accordingly, a person that has been injured on another’s property should not delay in contacting an attorney following the injury.
Simply being injured on someone’s property does not establish a right to recover. There are other factors that are considered in liability that makes a knowledgeable legal representative necessary in Durham premises liability cases.
If you have been injured in Durham or the surrounding areas because a property owner or non-owner resident did not maintain a safe environment, contact an experienced North Carolina premises liability lawyer to have your case evaluated.