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Property owners have an obligation to maintain a safe environment for those who visit. When a property owner fails to do so, victims should hold the negligent landowner accountable for their careless actions.

If you wish to file a compensation claim for injuries caused by a poorly maintained property, reach out to a skilled injury attorney today. A Rocky Mount premises liability lawyer could sit with you to discuss to the circumstances of your case and inform you of your legal options of recovering damages.

Proving Premises Liability

Premises liability deals primarily with incidents where one person suffers an injury while visiting another’s property. In general, premises liability cases are rooted in the principles of negligence, but due to the wide range of fact patterns and situations, a Rocky Mount premises liability lawyer might pursue a case based on many different types of scenarios. The following is a list of potential circumstances that could warrant a premises liability claim:

  • Slipping on a rug, carpet, or damaged flooring
  • Unremoved snow and ice
  • Defective conditions on the property
  • Leakage or flooding
  • Chemicals
  • Artificial conditions (i.e. swimming pools or amusement parks)

Different Types of Visitors

The courts differentiate the level of care that a property owner has toward their visitors, depending on the type of visitor. Visitors are separated into three categories:

  • Trespassers
  • Licensees
  • Invitees

Trespassers are normally afforded no protections under any circumstances. Owners might owe child trespassers a duty of care to use reasonable care to avoid a foreseeable risk of harm to the children that could be caused by an artificial condition, such as providing a fence around a swimming pool to prevent children from drowning. Licensees are social guests, and property owners owe a duty to warn social guests of dangerous conditions on the property that they would not likely discover.

Lastly, invitees are given the highest protection. Invitees are patrons, anyone who is visiting a location for the financial benefit of the owner. The premises must be maintained in a reasonably safe condition for invitees.

Pursuing Recovery for Premises Liability in Rocky Mount

Some property owners maintain insurance, so an injured visitor might be able to pursue relief by filing an insurance claim. However, in many cases, seeking recovery through insurance is not an option. Plaintiffs may file a lawsuit to recover damages to compensate them for their injuries.

Prior to filing a lawsuit, plaintiffs might find themselves negotiating a settlement for their claim. A Rocky Mount premises liability lawyer might be able to help plaintiffs negotiate a fair settlement. If a settlement is not made between the parties, plaintiffs may proceed to file their case within three years of the incident under North Carolina General Statutes §1-52. Plaintiffs may pursue the following types of damages.

  • Medical expenses
  • Lost wages
  • Out-of-pocket expenses
  • Pain and suffering
  • Emotional distress
  • Property damages
  • Punitive damages

Benefits of Hiring a Rocky Mount Premises Liability Attorney

Seeking damages for a premises liability case is not always straightforward. Those defending against liability are going to use every trick they have to keep injured plaintiffs from getting the relief they are entitled to receive.

A Rocky Mount premises liability lawyer could help you overcome the barriers that those on the defense are going to place in front of you. They could prepare, manage, and execute your case from start to finish, zealously representing you and your rights. Call now and schedule your consultation to start exploring your potential options for legal relief.