North Carolina Premises Liability Lawyers

If you’ve been injured on someone else’s property in North Carolina, understanding the state’s premises liability laws is crucial to pursuing a successful claim. North Carolina has specific laws that govern property owner responsibilities, the legal status of visitors, and how fault is determined in premises liability cases.

Contributory Negligence & Premises Liability

North Carolina follows the doctrine of contributory negligence, one of the strictest rules for determining fault in personal injury cases. Under this law, if the injured party is found to be even 1% at fault for the accident, they may be barred from recovering compensation. This can significantly affect your premises liability claim, as property owners often argue that the injured person contributed to their own injury by not paying attention or by engaging in risky behavior. There is difficult caselaw from the North Carolina Supreme Court inputting contributory negligence to a victim who passed the dangerous condition on the way in but was injured by it on the way out. Having a tough attorney who knows the law in your corner is critical to overcome this. 

Duty of Care to Visitors

North Carolina abolished the distinction between invitees, who are on the property for the benefit of the owner like a store, and licensees, who are invited guests. Now in North Carolina the landowner owes the same duty of reasonable care to any lawful visitor on the property.

The only duty of care owed to adult trespassers is the duty to refrain from intentionally harming them.

Premises Liability for Trespassing

North Carolina law generally does not provide protection for individuals who are trespassing on private or public property. However, there are exceptions, particularly for children who may trespass due to an “attractive nuisance.” Property owners can be held liable if a child is injured by a dangerous condition on the property, especially if the hazard was something likely to attract children, such as a swimming pool without proper fencing or a piece of equipment left in a yard.

Additionally, if a trespasser is injured due to a willful or wanton act by the property owner, such as setting traps or intentionally creating dangerous conditions, the owner may be held liable for the injuries.

Landlord & Tenant Premises Liability

In North Carolina, landlords have a duty to maintain safe conditions on rental properties. This includes common areas such as hallways, staircases, and parking lots. If a tenant or visitor is injured due to a dangerous condition that the landlord knew about or should have known about, the landlord could be held liable.

However, tenants also have responsibilities. If a tenant is aware of a dangerous condition inside their unit and fails to notify the landlord, they may have difficulty proving landlord negligence in a premises liability claim.

North Carolina’s Statute of Limitations for Premises Liability Claims

In North Carolina, the statute of limitations for filing a premises liability claim is three years from the date of the injury. This means you have three years to file a lawsuit against the property owner or manager. If you fail to file your claim within this timeframe, you may lose your right to seek compensation, no matter how strong your case is.

Types of Premises Liability Cases in North Carolina

Premises liability cases in North Carolina can arise from a variety of situations, including:

• Slip and fall accidents in stores, parking lots, or other public areas
• Inadequate security leading to assaults in parking garages, apartment complexes, or public venues
• Dog bites when a property owner fails to restrain a dangerous animal
• Swimming pool accidents due to lack of fencing or supervision
• Exposure to hazardous substances, such as mold or lead, in rental properties

Request a Free Consultation with a Premises Liability Lawyer

With multiple office locations throughout North Carolina as well as a large team of experienced attorneys and legal staff, Lanier Law Group, P.A. is equipped to handle your premises liability claim. We can discuss your premises liability case options at our Asheville, Charlotte, Burlington, Durham, Piedmont Triad, Greenville, Fayetteville, Raleigh, or Wilmington office.

If you can’t make it out to one of our offices, we can travel out to meet with you. We offer free initial consultations and provide our services on a contingency fee basis—if we don’t recover compensation in your case, you don’t pay.