When it comes to accidents that are due to another person’s negligence, slip and fall cases are one of the most common ways that Charlotte residents can find themselves experiencing serious harm and inconvenience in their lives. The rules regarding premises liability injuries are somewhat complicated, which is why it is important to have a diligent Charlotte personal injury attorney to assist you with all phases of your claim including ensuring that you receive the full amount of compensation that you are owed.
In a recent claim, the plaintiff appealed an order granting summary judgment for the defendant property owner. The plaintiff sued the property owner after reportedly tripping on a crate of tomatoes that was allegedly protruding into the shopping aisle, according to the plaintiff’s complaint. The defendant based its motion for summary judgment on the theory that the danger was open and obvious and that the defendant is not liable under premises liability law for open and obvious dangers.
A negligence claim requires the plaintiff to show that the defendant owed him or her a duty, failed to exercise appropriate care according to that duty and that the breach was the direct and foreseeable cause of any injuries that the plaintiff sustained. Under North Carolina law, a property owner owes all lawful visitors a duty to act with reasonable care. When it comes to a business owner, that duty requires the owner to ensure that the premises is reasonably safe and to provide warnings about any hidden dangers or unsafe conditions that are capable of being identified during a reasonable inspection.