Premises Liability Lawyers in Rocky Mount, NC
Compassionately Serving Clients Throughout North Carolina
Premises liability is a legal term that refers to the responsibility of a property owner or occupier to ensure the safety of people who are on their property. This includes both invited guests and trespassers. Property owners and occupiers can be held liable for injuries that occur on their property if they are not exercising reasonable care.
There are many potential examples of premises liability accidents. Slip and fall accidents are the most common, but premises liability can also include dog bites, falling objects, or any other type of accident that occurs as a result of negligence on the part of the property owner or occupier.
When you are injured in a premises liability accident, the consequences can be devastating.
You may be out of work for an extended period of time, and you may have expensive medical bills to pay. In some cases, you may even require long-term care. If you are injured as a result of someone else’s negligence, it is important to seek legal help right away. An experienced lawyer can help you get the compensation you deserve for your injuries.
If you have been injured in a premises liability accident, get in touch with us. The attorneys at O’Malley Tunstall, PC, are here to help you get the compensation you deserve for your injuries. For a free consultation with our experienced injury and disability law firm in Rocky Mount, North Carolina, call (252) 823-2266 to get started today.
What are Common Causes for Premises Liability?
There are many different ways in which a property owner can be held liable for an individual’s injuries that occur on their property. This legal concept is called premises liability, and it is based on the theory that property owners have a duty to keep their premises safe for visitors. If a property owner fails to live up to this duty, they can be held liable for any injuries that occur as a result.
There are many different factors that can contribute to a premises liability claim. Some of the most common include:
Slip and fall accidents: One of the most common types of premises liability claims is slip and fall accidents. These can occur when a property owner fails to clean up a spill in a timely manner, or when there is an issue with the flooring itself.
Inadequate security: Property owners also have a duty to provide adequate security for their visitors. This means that if there is a known danger on the premises, the property owner must take steps to protect visitors from that danger. For example, if there has been a string of robberies in the area, the property owner may need to increase security or take other measures to ensure that visitors are safe.
Dangerous conditions: Another common type of premises liability claim arises when dangerous conditions on the property cause an injury. For example, if there is a hole in the ground that is not properly marked, someone could fall into it and be injured. In this case, the property owner would likely be held liable for the injuries that occurred.
If you have been injured on someone else’s property, you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. An experienced premises liability lawyer from O’Malley Tunstall, PC can help you understand your legal rights and options.
How is Negligence Determined in a Premises Liability Case?
There are three main ways that courts will determine if a property owner was negligent in a premises liability case: the reasonable person standard, the mode of operation rule, and the attractive nuisance doctrine. However, in many cases, the reasonable person standard is used.
The Reasonable Person Standard
In order to prove negligence under the reasonable person standard, an injured plaintiff must show that the property owner failed to act as a reasonable person would have acted given the same circumstances. This standard is sometimes also referred to as the duty of care. In order for this duty of care to be owed, there must be some sort of relationship between the plaintiff and the defendant- for example, if you are a customer in a store, the store owes you a duty of care.
The reasonable person standard is generally applied when the plaintiff is someone who was lawfully on the property, such as a customer in a store. It is important to note that the reasonable person standard is not a perfect standard- it is a hypothetical standard that takes into account what a reasonable person would do in the same situation, taking into account any special circumstances. For example, if there was a hidden danger on the property, the court would take that into account when determining whether or not the property owner was negligent.
How Much Compensation Can I Recover for My Injuries?
The amount of compensation you can recover for your injuries will depend on the severity of those injuries. If you have suffered minor injuries, you may be able to recover economic damages, such as medical bills and lost wages. If you have suffered more serious injuries, however, you may also be able to recover non-economic damages, such as pain and suffering. In some cases, you may even be able to recover punitive damages, which are designed to punish the at-fault party for particularly reckless or dangerous behavior.
What Can Experienced Premises Liability Lawyers Do for Me?
Experienced premises liability lawyers know how to investigate and build a strong case to hold the negligent property owner accountable and get you the compensation you deserve. Our experienced team of attorneys can negotiate with the insurance company on your behalf to get you a fair settlement or take your case to trial if necessary.
Call O’Malley Tunstall, PC Today to Get Started!
You may have a premises liability claim if you were injured while on another person’s property. Under the law, property owners have a duty to keep their premises safe for visitors. If they fail to do so and someone is injured as a result, the property owner may be held liable. For a free consultation with our experienced injury and disability law firm in Rocky Mount, North Carolina, call (252) 823-2266 to get started today.