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Premises Liability

WHAT IS A PREMISES LIABILITY CASE?

You may have a premises liability case if you have been injured on another’s property. Premises liability law requires that your injury be the result of the property owner’s negligence. Premises liability claims include:

  • Injury due to an unsafe condition
  • Dog bite on another’s property
  • Slip & Fall
  • Assaults and shootings
  • Failure to provide adequate security
  • Fire / Burn cases
* These are only examples of common premises liability claims. Other types of claims can be presented so long as you have been injured on another’s property due to their negligence.

Premises liability cases are very fact specific and need to be handled correctly from the start. Do not delay in speaking with a lawyer as valuable evidence can and will be lost.

The Law in General:

North Carolina law states that all property owners have a duty to maintain their property in a safe manner so as to prevent others from being injured. If you have been injured because a property owner failed to maintain their property in a safe manner, you may have a claim for monetary damages. There are exceptions to this rule, but this is the law in general.

Monetary Damages:

If you have been injured due to an unsafe condition on another’s property, you may be eligible to recover the following damages:

  • Medical bills
  • Lost wages
  • Physical pain
  • Emotional suffering
  • Mileage to and from medical appointments
  • Prescription expenses
  • Permanent impairment / disability
  • Permanent disfigurement (i.e. scarring or burns)

Who Pays For My Damages?

The property owner is technically responsible for your damages, but their insurance company will be the one paying you. If you are at a person’s home, their homeowner’s policy will pay. If you are at a business, their general liability policy should pay.

Do I Have to File a Lawsuit?

Not necessarily. Many premises liability cases are won or lost in the days following the injury. Evidence is either properly documented or it is lost. Witnesses move and forget. Unsafe conditions are fixed following an injury. If your case is not handled correctly from the start, your chances of recovering a monetary settlement are drastically decreased.

Bradley Law Group takes action at the start of your case to document evidence and open claims with any applicable insurance companies. If your claim is handled correctly up front, the chances are better that you can receive an acceptable settlement without having to file a lawsuit. If your case can be settled on fair terms you can avoid the time, frustration and expense presented by litigating a case in Court.

What should I do following an injury on another’s property?

  1. Report your injury to the property owner. If you are injured at a business or commercial property, ask that they prepare an incident report. If possible, get a copy of the incident report.
  2. Seek medical attention.
  3. Photograph the site of your fall and the surrounding area.
  4. Write down the name, address and telephone number for any and all witnesses to your fall. This will allow us to obtain witness statements at a later date to support your case.
  5. Contact Bradley Law Group to discuss your case. Don’t worry if you were able to document everything discussed above, we can help.

If you have been injured due to an unsafe condition on another’s property, you may be eligible to recover the following damages:

Monetary Damages:

If you have been injured due to an unsafe condition on another’s property, you may be eligible to recover the following damages:

* Disclaimer: Every case is different and must be evaluated separately. No results are guaranteed.
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