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The law in New Bern, North Carolina certifies that you have the right to be safe when you enter businesses or someone else’s home. Despite that legal assurance, however, premises liability cases are among the leading causes of personal injury cases in the nation. Premises liability is the legal theory which obligates property owners to maintain their land to avoid the possibility of injury to visitors. Often, these accidents are the result of the property owner not taking the appropriate steps to ensure that their property is safe.

If you or a loved one suffered an injury because of a property owner’s negligence, you may be able to able to recover compensation for your injuries. A professional New Bern premises liability lawyer could work to protect your legal interests by advocating for you in a court or settlement proceeding. Read on to learn more about how a dedicated injury attorney could fight for your rights today.

Establishing Negligence in a Premises Liability Case

Although property owners have an obligation to maintain their property for the safety of others, the legal status of the individual who enters the property can affect the property owner’s specific duty to that individual in premises liability matters. For the purpose of establishing liability, property owners can include tenants that lease rental space, commercial property owners, and residential property owners. A seasoned New Bern premises liability lawyer could help to determine what type of visitor a plaintiff qualifies as and how that status could affect their ability to recover injury compensation.

Licensees and Invitees

A property owner may be liable for injuries that occur on their land when they knew or should have known there was a risk of harm to a visitor. Owners are obligated to anticipate, locate, and repair defects that could cause harm, and a breach of this duty may be grounds for a lawsuit against them. When an individual enters someone else’s property with express or implied permission, the property owner owes them the highest duty of care.

This includes those who have been expressly invited into a someone’s home or onto the owner’s property, as well as those that have an implied invitation such as shoppers in grocery or retail stores. Protecting the safety of invited visitors can include warning them of an unsafe condition if it cannot be repaired immediately. If an individual fails to uphold this duty of care, a weathered New Bern premises liability lawyer could work to hold them liable for their actions in court. Reach out to a determined injury attorney to learn more.

Duty of Care to Trespassers

Property owners have a nominal duty to trespassers. Under premises liability law, a property owner may not intentionally harm someone who enters their property without a legal right to do so. In most circumstances, a property owner is not liable for injuries that a trespasser suffers because they were not warned or a dangerous condition was not repaired.

Property owners may not intentionally harm a trespasser solely for entering their property, including by setting up or using traps to deter trespassers. Intentionally harming a trespasser is likely to result in a property owner being liable for injuries stemming from the harm caused. However, this does not limit a property owner in Indianapolis from defending themselves and/or their loved ones if they are being attacked by a trespasser.

Speak with a New Bern Premises Liability Lawyer Today

If you suffered an injury while visiting someone else’s property, you may be entitled to compensation for your resulting damages. However, your ability to recover for damages is not guaranteed, and despite being at fault, the responsible party may not willingly compensate you. To have your case evaluated, learn more about your legal options, and ensure that your case is taken seriously following a premises liability accident, consult with an experienced New Bern premises liability lawyer as soon as possible.