Commercial property owners, managers, and possessors must regularly inspect their property and make repairs as necessary to keep the premises safe for visitors. They have a legal duty to use reasonable care, and when they fail to act as required, injured parties have the right to seek compensation for their damages and losses.
When a property owner’s carelessness causes you harm, you have every right to expect them to pay for the damages, and our premises liability attorneys could help you pursue compensation. Contact our office to schedule an appointment with a proficient Charlotte commercial property liability lawyer to review your case.
The state follows common law and statutory premises liability rules. Property owners or others in control, such as managers or tenants, have a legal obligation to exercise prudent and reasonable care to keep commercial property safe for lawful visitors. That includes customers, vendors, and other invitees who enter the premises to conduct business for the benefit of both parties.
Commercial property owners must regularly inspect for defects and potential hazards, repair them promptly, and warn of risks until repairs are complete. Some examples include wet floors, uneven pavement, defective stairs or handrails, or poor lighting. When they fail to do so, and you are harmed, a commercial property liability lawyer in Charlotte could help pursue your right to compensation for your injuries.
Establishing liability to obtain a settlement for your damages and losses requires building a strong claim that proves the elements of duty. These include:
Our skilled Charlotte commercial property liability attorney could investigate the accident to determine the cause while gathering the crucial evidence needed to prove fault and obtain an award for damages.
After proving your case successfully, the civil court may award monetary damages for your out-of-pocket expenses, such as:
The second category, non-economic damages, covers emotional distress, such as post-traumatic stress disorder, anxiety, and pain and suffering.
Unlike most of the country, North Carolina follows a strict rule that makes it challenging to establish and win a damages award. According to North Carolina General Statutes § 1-139, the burden of proof of contributory negligence means that if the defendant’s case can show you were even one percent at fault for the accident, the civil court will dismiss the claim and bar recovery of monetary damages. Fault could include things such as wearing headphones, texting on the phone, or neglecting to watch your step and missing an obvious hazard.
This rule makes claims difficult to pursue and settle favorably, and building a strong case that establishes the full extent of the property owner’s fault is crucial. A few exceptions and mitigations apply in limited cases, such as when the defendant’s conduct rises to the level of willful and wanton behavior or gross negligence.
For those cases, sharing a small portion of liability under contributory negligence may not automatically disqualify you from recovery entirely. Our qualified commercial property liability lawyers in Charlotte could guide you throughout the process, provide legal advice, and advocate for a just outcome.
Commercial property owners must act reasonably and protect visitors entering the premises from foreseeable harm. When they fail to meet the standard and fulfill their legal duties, injured parties have the right to initiate legal action to recover damages and losses. Contact our Charlotte commercial property liability lawyer for more information. Call today to schedule an appointment with your hometown legal team and get started this week.
