All property owners have an obligation and duty to keep their premises safe. If a property owner fails to keep his property safe or fails to warn others of a dangerous condition on the property that could cause harm, he can be liable for injuries to another person. Examples of premises liability cases include slip and falls, criminal acts committed against customers of businesses, and car accidents resulting from unsafe property conditions that contribute to the crash such as signs or other impediments that block the views of drivers.
A property owner whose negligence or unsafe property condition causes someone to be injured can be held responsible for the injured person’s medical bills, lost wages, lost future earnings, scarring, and permanent injuries, as well as the stress and emotional harm injuries often cause. In some cases, an injured person’s spouse may also have a claim against the property owner for loss of consortium which includes the society and companionship associated with marriage.
Premises liability cases in North Carolina can be difficult at times because North Carolina is one of few states in the country that still employ the doctrine of contributory negligence. This means that if a jury determines the injured person was even 1% at fault for the injury, they recover nothing. Most states have what’s known as comparative negligence which is where the jury determines the percentage each party was at fault, and as long as the injured person was less than 50% at fault, they may still be compensated for their injuries.
Given the nature and complexity of many premises liability cases, it is important to get the help of an experienced personal injury lawyer. The trial lawyers at Fisher Stark, P.A. in Asheville, NC are experienced in premises liability cases. The attorneys at Fisher Stark, P.A. have assisted injured persons and their families in premises liability cases ranging from violent sexual assault at a restaurant to the improper placement of signage which contributed to a car crash. If you or someone you know has been injured as a result of a dangerous property condition or failure to warn, please call 828-505-4300 today for a free consultation. The attorneys at Fisher Stark will walk you through the process and explore whether you have the potential to recover from the property owner. Don’t hesitate, as obtaining the help of a personal injury lawyer early in the process can often increase the odds of success.
Written by Brad Stark