Raleigh Private Property Premises Liability Lawyer
As defined by North Carolina law, private property would be owned by a private individual and not a commercial or other business interest. A visitor, in a premises liability case, would be defined as an individual who is lawfully on the premises. They may not have to be invited, but if they are lawfully on the premises, there is a duty that there are no defects that may harm them. If both the owner and the injured party are injured in North Carolina, it would be a complete bar to recovery for the injured person because of contributory negligence in North Carolina.
They may not have to be invited, but if they are lawfully on the premises, there is a duty that there are no defects that may harm them. If both the owner and the injured party are injured in North Carolina, it would be a complete bar to recovery for the injured person because of contributory negligence in North Carolina.
If you have been injured on another’s property due to their negligence, it is imperative that you consult with a Raleigh private property premises liability lawyer as soon as possible. A premises liability attorney in Raleigh can build a case to help produce a successful outcome on your behalf.
Types of Guests
The working definition of an invited guest is no longer relevant in North Carolina because case law has extinguished the difference between invitees, licensees, and trespassers. However, an invited guest is generally going to be someone who is lawfully and legally on the premises where they were injured. When acting as a visitor on a property, an individual needs to be acting reasonably. They cannot be horse playing or doing something that is intrinsically dangerous. They also have a duty to keep a reasonable lookout. If they are injured and it is not something they could have seen, they may have a viable premises liability case. A Raleigh private property premises liability lawyer can assist an individual in determining the specifics of their claim.
The working definition of a trespasser would be someone who is not lawfully on the premises where they were injured. Regardless, there may still be a duty to keep the premises in reasonably safe condition.
There is a doctrine in North Carolina called “attractive nuisance” and means if a child is attracted to something on a piece of property that the owner knows or should know may attract a child, the owner has a duty to warn about it and to make it safe so that the child may not be harmed.
If a person has a big lake, a landfill, or something that an owner would reasonably expect the child to be interested or intrigued by, then regardless of the child and lawful presence on the property, the attractive nuisance doctrine may apply to land owners responsible. If an individual believes their child may have been attracted by something and injured because of it, they should contact a private property premises liability attorney as soon as possible.
The expectations of private property owners are to make their private property reasonably safe, to warn visitors of any known defects, and to correct any concealed defects that may exist on the property. If it is a residential facility, it is going to be a different analysis than if it is a private property residence. There is a different subset of law that applies to lessees and lessors of a property in Raleigh. When a person is dealing with someone who owns the property but is leasing it to another individual, they do not have the benefit of being on the property every day or often enough to be aware of defects or issues with the property.
There is a different subset of law that applies to lessees and lessors of a property in Raleigh. When a person is dealing with someone who owns the property but is leasing it to another individual, they do not have the benefit of being on the property every day or often enough to be aware of defects or issues with the property.
However, if the tenant makes the lessor aware of the defects or if the lessor is on the property and has the opportunity to observe the defect, they may be responsible to the same extent as the tenant occupying the space and seeing the defects and issues that may arise. Such circumstances can be best explained using a private property premises liability lawyer in Raleigh.
Private vs. Commercial Property
The consequences differ depending on whether an individual is on a private or commercial property because that often dictates what type of insurance policy is in place. If it was a preventable wreck and deemed to be someone’s fault, the person’s insurance premiums may go up.
It is most likely the same deal with homeowner’s insurance if it is a residential or private property. If it is a commercial property, the business assets could be exposed if there was an injury above and beyond any insurance that was applicable. To determine such circumstances, an individual must contact a Raleigh private property premises liability lawyer as soon as possible.
Hiring an Attorney
If a person is involved in a premises liability case, it is important to consult with an experienced premises liability attorney. Contributory negligence within premises liability cases make them difficult in North Carolina.
There are some pitfalls if someone tries to talk to the insurance company directly and handle the matter on their own. The person needs an attorney who has worked on these cases, has experience with what to do, and has the resources to retain any experts necessary to prove the case.
The person generally wants a firm that handles primarily these types of personal injury cases because they will know what to look out for and what to expect. There are a lot of attorneys and the person with experience and a good record of results.