Raleigh Premises Liability Attorneys

Holding Negligent Property Owners Accountable

In North Carolina, property owners are required by law to routinely maintain their premises and remove, repair, or clearly mark any potential hazards or dangerous conditions. When they fail to take these measures, and visitors are seriously injured as a result, property owners can be held responsible.

At Hyland, Padilla & Fowler, PLLC, we represent people who have suffered catastrophic injuries due to unsafe property conditions. Our Raleigh premises liability lawyers have more than 50 years of combined experience and have helped thousands of clients successfully obtain fair compensation after suffering serious injuries and losses due to the negligence of others. We have recovered over $40 million for our clients, and we are ready to fight for you.

For a free initial consultation, call us at (919) 891-8361 or contact us online. Hablamos español.

When Are Property Owners Liable for Accidents or Injuries? 

Under North Carolina premises liability laws, property owners are generally considered liable for accidents and injuries occurring on their properties when:

• The incident resulted from a dangerous condition on the property;
• The property owner knew about or should have known about the dangerous condition, and;
• The property owner failed to take reasonable measures to eliminate, cordon off, or clearly warn potential visitors about the dangerous condition.

Additionally, your ability to file a claim depends on whether you were legally on the property when the incident occurred, and the degree of responsibility the property owner owed to you depends on your status as a visitor to the property. 

For example: 

• If you visited the property for the financial benefit of the owner (e.g., as a shopper in a retail store), the property owner had a duty to routinely inspect the property for hazards and eliminate or warn of any hazards that could cause foreseeable injury
• If you legally visited the property but not for the property owner’s financial benefit (e.g., as a professional delivery person delivering a package at someone’s home), the property owner only has a duty to take reasonable measures to eliminate or warn of any potential hazards 
• If you were not legally on the property when the incident occurred (i.e., trespassing), the only duty the property owner has to you is to refrain from causing injury (with some exceptions)

If you are not sure whether you have a claim, reach out to Hyland, Padilla & Fowler, PLLC at your earliest convenience to discuss your situation with one of our Raleigh premises liability lawyers. We can answer your questions and provide information on how to proceed. 

Can You File a Premises Liability Claim If You Were Trespassing? 

Although North Carolina property owners generally do not owe any duty of care to trespassers other than to refrain from causing intentional injury, there are some circumstances in which an individual can file a premises liability claim after being injured while trespassing. The most common scenario involves minors who enter a property without the owner’s permission or consent because of the presence of an “attractive nuisance.” 

An attractive nuisance is any artificial property feature or condition that a reasonable person would know might attract a child or adolescent and which could result in injury or harm. Things like swimming pools, trampolines, and even construction sites could all be attractive nuisances. 

If a minor is injured when trespassing on private property after being drawn to the property as a result of their expected curiosity, the property owner or occupier could be liable. At Hyland, Padilla & Fowler, PLLC, we have helped parents and others with complex premises liability cases involving attractive nuisance laws and other complicating factors. Reach out to our team today to learn more.

What Types of Damages Can Be Recovered in a Premises Liability Claim? 

The exact types of damages you can recover in your premises liability claim depend on the various factors involved, including the severity of your injuries, the cost of your medical expenses, the extent of your pain and suffering, and more. 

That being said, many people are eligible for the following types of damages: 

• Medical expenses, including future projected care costs
• Lost income, wages, and employment benefits 
• Loss of earning ability and/or future income 
• Physical and mental pain and suffering 
• Emotional distress

Though rare, punitive damages are sometimes awarded in premises liability cases. Meant to punish defendants, rather than compensate victims, punitive damages are typically only available in cases involving gross negligence, wanton or willful misconduct, or intentional infliction of injury. 

Why Hire the Premises Liability Lawyers at Hyland, Padilla & Fowler, PLLC? 

Premises liability is a complex area of personal injury law. Filing a lawsuit against a property owner or another liable party can be very challenging without the help of an experienced attorney, like those at Hyland, Padilla & Fowler, PLLC. 

When you work with our firm, you get a team of highly skilled and respected legal professionals working for you. We meticulously prepare cases, utilizing all available evidence to develop powerful and persuasive arguments on behalf of our clients. While we strive to settle cases as efficiently as possible, we recognize that a fast, favorable resolution is not always possible. Whenever necessary, we are always prepared to represent you at trial.

To learn how our Raleigh premises liability lawyers can help you with your case, contact us today at (919) 891-8361 for a free consultation. Hablamos español.