Charlotte Office 704-815-6055
Asheville Office 828-252-2852
Hendersonville Premises Liability Lawyer
Dedicated Hendersonville Premises Liability Attorney
Whether you are attending an event at a public venue, going about your day-to-day life on public property, or visiting someone on their private property, if you are injured, you have the right to seek compensation for your injuries and any other damages you have suffered. If you encounter a hazard that was not properly addressed by the home or business owner, a Hendersonville premises liability lawyer can pursue the compensation you need.
Hire a Premises Liability Lawyer
Premises liability claims can be difficult to prove in situations where there are no witnesses or the property owner claims proximate cause. You should hire a premises liability lawyer from Bridgman Gantt Law Offices to represent you through the claim process. Our team has over 60 years of combined experience in handling claims for Hendersonville residents. We offer compassionate representation during this stressful time.
Accidental Injuries in North Carolina
Accidental injuries can happen in a wide range of circumstances. When they happen in a public business or on private property, you may be entitled to compensation for your injuries. The North Carolina Department of Health and Human Services tracks injuries that occur within the state. During 2024, there were a total of 10,339 injury-related fatalities, a 3% increase from 2020.
Hospitalizations for injuries rose 11% from 2020 to 2024, with a total of 55,464 hospitalizations among North Carolina residents. Emergency room visits also increased 30% from 2020 to 2024, to a high of 972,089 visits.
If you suffer an injury in Hendersonville and cannot reach a settlement agreement with the business or homeowner, you can file a civil claim at the Henderson County Courthouse. Cases are either heard in small claims court, district court, or superior court, depending on the dollar value of the claim.
Types of Premises Liability Claims
Premises liability claims stem from unsafe conditions within businesses or on private property. These conditions could be the result of negligence, the presence of hazards, or the failure of the property owner to warn guests of hidden dangers. Some common types of premises liability claims include:
- Slip-and-fall accidents. There could be many catalysts for a slip-and-fall incident, such as wet floors, inadequate lighting, icy walkways, or liquid spills that are not cleaned in a timely manner.
- Trip-and-fall accidents. Similar to slip-and-fall accidents, trip-and-fall accidents can occur when the ground is uneven, when wires or cords are placed across walkways, on uneven or broken stairs, or from debris on the ground.
- Lack of maintenance. When areas are not properly maintained, they can begin to deteriorate and create hazards. Common examples include improperly maintained parking lots, loose railings, and damaged lighting.
- Lack of security. If a property is located in a dangerous area, property owners are responsible for providing reasonable safety measures for their guests. Security could include cameras, fences, increased lighting, or security guards.
- Dog attacks. Dog owners are liable for any injuries caused by their pets, including bites, scratches, or injuries caused by the dog jumping or lunging. Unless the dog was provoked, the pet owner and, in some cases, the property owner, is liable for damages.
- Attractive nuisances. When an item is considered an attractive nuisance, such as a swimming pool or trampoline, homeowners are required to secure the area to prevent anyone from accessing it without permission.
FAQs
Is It Difficult to Get a Favorable Outcome in a Premises Liability Case?
Yes, it can be difficult to get a favorable outcome in a premises liability case. A Hendersonville premises liability attorney can use their knowledge of the state’s premises liability laws to overcome the difficulties presented by these types of cases. Your attorney must prove that you are not at fault for the accident. They must also show that the property owner had prior knowledge of the hazard but failed to properly warn of the danger.
What Are the Responsibilities of Homeowners in
Hendersonville, North Carolina?
In Hendersonville, North Carolina, homeowners owe a duty of care to any lawful visitor to their property. Homeowners are expected to maintain their property in a safe manner and warn guests of any hidden hazards that could cause injury. This standard of care applies to both businesses and private property. Trespassers are not considered lawful guests, so they are not protected under the same standards, except for children under the attractive nuisance standards.
What Are the Four Factors Needed to Prove Negligence?
The four factors needed to prove negligence are a duty of care, breach of that duty, causation, and damages. The person responsible must have a duty of care toward the affected party. That duty of care must then have been breached. The breach of duty of care had to directly contribute to the accident. The affected party had to suffer actual damages because of the accident before compensation could be awarded.
Is North Carolina a Strict Liability State?
No, North Carolina is not a strict liability state for personal injury cases. Instead, North Carolina uses a fault-based pure contributory negligence standard when deciding personal injury cases. Under this standard, if the victim is found to be partially at fault, even 1%, they are barred from seeking damages from the other party. This standard means the victim must prove that they did not contribute to the accident before seeking damages.
What Is the Premises Liability Statute of Limitations in North Carolina?
The premises liability statute of limitations in North Carolina is three years from the date of the injury. If the injury results in a wrongful death, there are only two years from the date of the wrongful death to file a claim. Although you have three years to file, it is recommended to file as soon as possible to prevent evidence from being lost or destroyed. It also enables witnesses to provide accurate testimony.
Contact Bridgman Gantt Law Offices
When you are injured, you should take the time to properly recover. This can be difficult when you are also trying to negotiate for fair compensation from a business or homeowner who was careless or negligent. While you recover, our team can provide personalized guidance throughout the claim process while pursuing fair compensation for your case. Contact Bridgman Gantt Law Offices today to schedule your initial consultation.
Hendersonville Premises Liability Lawyer Reviews
★★★★★
“What an amazing and professional group of people!! Mr. Gantt was super informative and treated us with respect and kindness. He explained everything from start to finish. His team was always available and were also kind and professional. When it came time to go to court he called a few days before and went through the process step by step. Making us feel comfortable. The day of court he called again and asked if we had questions or concerns. Ensured us that everything was going to be okay and just relax and he would be there every step of the hearing. Once the hearing was done he called us again and explained what he felt the result was going to be, and he was right! Would 100% recommend him to anyone. Thank you Mr. Gantt!” – Polly Clark
★★★★★
“All I can say is that this firm took care of EVERYTHING! I never felt out of the loop and was quite happy with the results. Also, Mr. Gantt and the staff made it extremely easy to discuss matters, even those that are personal! Thanks!” – Ken Soltys
★★★★★
“Mr. Bridgman was professional and on point he kept me fully aware of the process and what was always going on a true blessing to me and others.” – Tameron Gaines
Hendersonville Premises Liability Resource:
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