Premises Injuries Can Impact Your Life
If you have been hurt as a result of the negligence of a property owner or manager, you are likely upset. Depending upon the severity of your injury, you may have missed work, incurred medical costs, and may even be facing a significant and painful recovery. In some very serious cases, you may even need to adapt to a new way of life.
Cases like this are referred to as premises liability, and are, unfortunately, commonplace in both North Carolina and across the country.
Every year, thousands of people are injured as a result of the negligence of property owners.
These injuries can occur just about anywhere: at the grocery or retail stores, shopping centers, parking lots, apartment buildings or complexes, private homes, sidewalks, garages, and many other settings. Under North Carolina law, property owners are obliged to ensure that their properties are safe for authorized visitors and customers at their businesses. These laws vary by state and jurisdiction, but the underlying principle states that owners must maintain safe conditions on their property.
When owners fail to keep their properties safe, they create a potentially hazardous environment; devastating personal injuries can occur. If and when they do, the property owner can be held responsible.
If you have suffered an injury as a result of the negligence of a property or business owner, a skilled premises liability lawyer can help. This professional can represent you in your fight to ensure that the responsible party is held accountable and that you are appropriately compensated.
At Lakota R. Denton, P.A., we are experienced in cases like this. Contact us today at 828-333-5996 to schedule a free consultation.
A Premises Liability Attorney in Asheville Can Help You Move Forward
Understanding North Carolina Premises Liability Law
In North Carolina, property managers and owners are responsible for making sure their properties are safe. This is known as a duty of care. Of course, hazards may exist. In these cases, the owner is responsible for warning visitors to keep them from harm. Not all property owners are responsible; when their negligence results in accidents and injuries, they can be held liable.
In order to have a viable case, the injured party must be able to prove the property owner or manager was negligent. In North Carolina, this consists of proving the following:
- The individual responsible for the injury owed that person a duty.
- That duty was not upheld.
- The injury resulted from that person’s failure.
- The injury resulted in damages.
After reviewing the specifics of your situation, the premises liability attorney at Lakota R. Denton will determine the strength of your case.
Premises Liability Case Examples
Premises liability can include a wide range of incidents resulting in injury. Serious injuries can happen when property owners do not maintain their premises. Below we have provided a list of the types of cases we handle.
- slip and falls
- stairway or elevator/escalator accidents
- electrocution from defective wiring
- sidewalk, walkway, or parking lot defects
- insufficient security resulting in injury
- standing water or snow/ice on walkways
- building code violations
- tree roots
- poor lighting
- loose carpet
- falls on oil or grease in a garage
- failure to sufficiently warn visitors of hazardous or unsafe conditions.
If you have been injured in an accident like one of those listed above, reach out to us today at 828-333-5996 to schedule a consultation with our premises liability attorney.
Premises Liability Injuries
While there is no limit to the types of injuries that can be sustained due to the negligence of a property owner, some of the more common ones that our clients suffer include:
- broken bones
- electrical shock
- severe burns
- spinal cord injuries
- head or traumatic brain injuries
- neck or back injuries.
While some injuries are minor in nature, others can be more serious. The fact that an injury was not incredibly serious does not mean you do not have a case. In any situation, if you have been injured due to the negligence of a property owner, you may be entitled to compensation. Our premises liability lawyer can review your situation, explain our process, and work with you to file a suit.
Questions Regarding Premises Liability
Premises Liability Lawyer in Asheville Responds
Premises liability law can be confusing, and if you have been injured due to the negligence of a property owner, you are probably overwhelmed with managing your recovery. At Lakota R. Denton, we take pride in giving each and every client the hands-on personal service they need and deserve. We recognize that every situation is unique. Thus, the answer to many questions will be specific to the individual. That said, there are some issues that tend to arise time and time again, and that can be addressed in a more general fashion.
Below we have shared some of the most frequently asked questions, along with our answers to them.
Should I accept a settlement offer from the property owner’s insurance company?
Do not accept any insurance settlements until you speak with a premises liability attorney. In fact, you should direct all insurance inquiries to your attorney and authorize them to negotiate on your behalf. Quite often, an insurance company’s initial offers will be low and may not cover all of your losses. Remember, these insurance companies don’t work for you; their job is to get you to settle for the least possible amount. At Lakota R. Denton, we are experienced in both insurance company negotiations and litigation. We will work to get you the best possible compensation package.
If I am awarded compensation, what would it include?
In North Carolina, your premises liability award may include (but is not limited to) medical expenses (both those already incurred as well as money for those estimated to be needed in the future), payment for lost time at work, property damage (should anything you have had been damaged in the accident), permanent disfigurement and disability and emotional distress. Should your injury be serious and impact your future earnings, you may also be compensated for them. Your premises liability attorney can give you a better idea of possible settlements based on your case.
What is contributory negligence, and can it affect me?
North Carolina has a contributory negligence statute in place. This means that if you were in any part responsible for your injuries you may not be eligible for compensation. However, according to North Carolina law § 1-139, the burden of proof of this lies with the defendant.v
How long do I have to file my case?
In North Carolina, the statute of limitations for premises liability cases is three years from the date of the accident. It is important not to wait. You should contact an attorney as soon as possible.
Is a landlord liable for a tenant’s injuries?
In certain cases, a landlord is absolutely liable for injuries sustained on the premises of a rental property. However, this is not always the case. Typically, an injured person must be able to prove their landlord was negligent to collect damages.
Part of proving negligence is proving that an injury was foreseeable.
For example, a landlord is aware that a staircase in his building has broken steps, but he fails to repair them. It is foreseeable that in such conditions, a tenant or guest could fall and suffer injury because of the broken steps. If such an injury occurs, the landlord could be liable for the damages.
Do I need a lawyer, or can I handle my premises liability case myself?
Working with an attorney who specializes in premises liability is a wise decision if you have been injured. It is easy to make mistakes that will impact your compensation. The premises liability lawyer Lokata R. Denton is experienced in cases like this. He knows the law and the local courts and is well-versed in dealing with property owners and insurance companies.
How much will my initial consultation cost?
Nothing. We offer all prospective clients a free consultation. We want you to meet us and understand all that we bring to your case. There is no charge at all for this initial meeting.
Clearly, these are only a few of the many questions asked of us. Please contact our office today to schedule a consultation on your case. Once we have a complete understanding of your incident, we can provide more specific and detailed responses to your concerns.
Have You Been Injured Due to a Property Owner’s Negligence?
Contact an Asheville Premises Liability Lawyer
If you or a loved one has been hurt on someone else’s property, talk to Attorney Lakota Denton. He has the experience and the resources necessary to hold property owners accountable for their negligence. Our firm represents injured people and fights to help them obtain appropriate compensation for their losses.
We have earned a reputation for providing our clients the high-quality, responsive service they need and deserve. We understand that the combination of recovering from your injuries and pursuing the financial settlement you need to compensate you for the expenses resulting from your accident can be overwhelming.
We pride ourselves on communicating with you sympathetically while aggressively pursuing justice. Our team is standing by to assist you with your needs and answer your questions.
We Work With Some of the Best Personal Injury Lawyers in Asheville and Around the Country
Attorney Denton consults with some of the best personal injury lawyers in Asheville, NC, and around the country, learning new strategies that increase the value of our clients slip and fall cases. We seek to ensure that our clients are treated fairly and reasonably by insurance companies, who are looking for all possible ways to save money. Attorney Lakota Denton attends seminars and conferences with some of the country’s most preeminent trial lawyers to learn cutting-edge theory and trial strategy.
Contact Us Today
If you or someone you love has suffered a slip and fall or other type of premises liability injury, the advice and counsel of an experienced attorney are invaluable. When you work with the team at Lakota R. Denton, PA, you can rest assured that we will work tirelessly on your behalf; we believe those who do not exercise proper care should be held responsible when others are injured because of their negligence.
Contact us today at 828-333-5996 for a free, no-pressure consultation to see how we can help you move forward.
”Lakota and his team have been great to work with. His office is always responsive, professional, and friendly. It’s refreshing to collaborate with other professionals that care to help our clients achieve their goals. We appreciate how helpful he is to clients whether they hire him or not.” – Christopher Taylor (Google Review)