Articles Posted in Premises Liability

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.

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One of the most common activities for families with children is to take their kids to the park. When city officials fail to maintain a public park in a safe condition, however, the children can face devastating injuries or even death. If you or your child were injured on public property, you may be entitled to compensation for your injuries and expenses. Bringing a premises liability lawsuit against a government entity can be more complex due to statutes providing government officials with immunity from liability in some instances. Contact our Charlotte premises liability lawyers today to start learning about your potential case.

Recently, the North Carolina Court of Appeal considered a case in which a child who was 18 months old suffered severe burn injuries when he fell on a metal skate park ramp that had become hot from sun exposure. The parents brought a complaint against the city that maintains the skate park and the manufacturer of the metal ramp alleging that the metal ramp was a dangerous condition and that the city and the manufacturer failed to provide a warning that the metal ramp could become dangerously hot due to sun exposure.

The manufacturer filed an answer asserting several affirmative defenses, including intervening negligence of a third party, the babysitter who was supervising the minor at the skate park. The city raised similar defenses and alleged that the plaintiffs did not establish a viable claim against the city. The city later filed a motion to dismiss on the basis that it was entitled to immunity under N.C. Gen. Stat. section 99E-21, et seq., and that the plaintiff’s complaint failed to establish negligence or gross negligence on the part of the city. The lower court granted the motion and the plaintiffs appealed.

In certain situations, a property owner has a duty to protect you from dangers that may be caused by third-parties, such as people committing criminal acts. This type of liability can be tricky, especially when it is not clear whether the property owner owed you a duty to protect you or whether the harm that you received was foreseeable. At Maurer Law, our seasoned team of Charlotte personal injury lawyers has handled a number of premises liability cases and we are ready to assist you in determining whether you are owed compensation for your injuries.

In a recent case, the plaintiff was a student at a university who was the victim of a prank in the dormitory. A group of students placed a cup of water above the plaintiff’s door so that it would spill on the plaintiff when he opened the door. The plaintiff confronted the group of students about the prank and the interaction became violent. Five students were suspended as a result of the altercation and the plaintiff along with his roommate were moved to another dorm. Eventually, the plaintiff withdrew from the university and enrolled elsewhere.

The plaintiff later filed a lawsuit against the university and its Board of Trustees, alleging that the university negligently caused the plaintiff to experience emotional distress and sought punitive damages for its alleged willful and wanton disregard for the plaintiff’s rights. The university moved for summary judgment and the lower court granted the motion. The plaintiff appealed on the basis that he had established that the university owed him a duty of care and failed to act according to that duty, and that he suffered damages as a direct and foreseeable result of that failure.

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Accidents can happen anywhere, including public places. When it comes to suing an entity for injuries that you sustained in a slip and fall accident, in general, you must prove that the defendant knew or should have known that a dangerous condition existed on the property and that it failed to make the condition safe or to provide a warning. At Maurer Law, our seasoned team of Asheville personal injury lawyers is prepared to help you explore whether you are entitled to compensation and the best way to go about securing the settlement or judgment that you deserve. We know how overwhelming this situation can be for you and your family, especially if you are suffering from painful injuries. Don’t wait to contact us because time may be running out on your claim.

In a recent case, the plaintiff alleged that she suffered injuries when she fell at an aquarium in Pine Knoll Shores during a Halloween-themed event. She required a hip replacement as a result of the fall. In her complaint, the plaintiff alleged that the defendant was negligent in failing to maintain the common areas of the property and in failing to warn people about the presence of a dangerous condition. The defendant denied the allegations and argued that the plaintiff was contributorily negligent. Initially, the assigned Commissioner concluded that the defendant was negligent, and that the plaintiff was not contributorily negligent. It awarded the plaintiff damages in the amount of roughly $72,000.

The defendant appealed the matter to the Full Commission, which reversed on the basis that the plaintiff failed to prove that the defendant knew or should have known that a dangerous condition existed on the premises.

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There are countless laws that apply to a personal injury accident lawsuit and some of these laws allow the defendant to examine whether a plaintiff acted negligently in contributing to his or her injury. At Maurer Law, we have seen firsthand how disruptive and stressful an injury accident can be for the victim. Our seasoned team of Charlotte personal injury lawyers is standing by to help you explore whether you have a right to compensation.

Recently, a plaintiff in a personal injury action filed an appeal after the lower court denied her claim against the North Carolina Department of Transportation (NCDOT) seeking compensation for injuries that she suffered when she cut across a grass median and fell into a storm drain some five feet underground. She alleged specifically that the entity was negligent in maintaining and inspecting the storm drain because when she fell into the drain, the grate that would have covered the opening had been removed and was lying on the grass five feet away.

The plaintiff brought the claim under the North Carolina Tort Claims Act. This statute sets out a different set of rules and guidelines that parties must follow when seeking damages from a government entity. Unlike a regular negligence claim against a private person, there are different things that a plaintiff must prove to prevail against a government entity. In most cases, claims against municipalities are more complex and require the experience of a dedicated personal injury lawyer.

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Premises liability accidents involve any injury that happens on someone else’s property as a result of the property owner’s failure to maintain the premises in a safe manner. Many people commonly associate this type of accident with a slip and fall at the supermarket but there are countless different scenarios that have caused North Carolina residents to suffer injuries. As seasoned Raleigh personal injury attorneys, we are ready to help you fight for the settlement or the judgment that you deserve.

In a recent claim, a plaintiff attended a funeral at a church in Dunn, North Carolina, where he claimed that he suffered injuries while carrying the deceased’s casket during the service. The plaintiff offered to help carry the casket after the minister asked the plaintiff if he would be willing to help because there were not enough church employees to help carry the casket out of the church after the service.

The plaintiff exited the church at the start of the service and walked to the hearse where the casket was located. When the plaintiff was carrying the casket along with other pallbearers back through the same entrance, he alleged in his complaint that he tripped on the top step of the staircase and suffered injuries to his knees.

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Vacation rentals are a great way to unwind, but they can also pose serious threats to your health and safety. It’s hard to know whether a property has been maintained safely, especially with the rise of apps that allow you to stay in someone’s private home. The lack of oversight from a professional management company can make it easier for the property owner to miss safety issues. As dedicated North Carolina premises liability injury lawyers, we are prepared to help you secure the compensation you deserve from a careless property owner.

In a recent case, the plaintiff’s filed a complaint against the owner of a property that they rented through an app-based service alleging that they suffered Legionnaires’ disease due to the owner’s failure to properly maintain the hot tub and adjacent waterfall located on the property. They also asserted a claim against the company that the property owner had retained to maintain the water features after construction and installation was complete.

The defendants filed motions for summary judgment that the plaintiffs had failed to prove a connection between the disease they contracted and the defendants’ maintenance of the property. The trial court ultimately agreed with the defendants and granted summary judgment in their favor. The court noted in its statement of decision that the plaintiffs had failed to offer sufficient evidence to prove their claim.

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Slip and fall accidents can happen virtually anywhere in North Carolina. If you are injured due to someone else’s failure to maintain his or her property in good working condition, then you can bring a premises liability claim against the owner to recover compensation for your injuries. When the owner of the premises is the government, however, special rules and considerations apply. The doctrine of governmental immunity states that municipalities cannot be deemed negligent in some situations for personal injuries. Our diligent team of North Carolina slip and fall lawyers is standing by and ready to help you ensure that you proceed with your claim in the correct manner.

A North Carolina appellate court recently considered a claim asking whether a city was immune from tort liability for the plaintiff’s slip and fall injury based on the doctrine of governmental immunity. The defendant leased the premises to various groups and the lease stated that the defendant was responsible for maintaining the exterior of the building and that it had the right to inspect the premises at any time.

The plaintiff in the matter was one of the tenants of the building. She was leaving through a rear exit carrying a large stack of items when she lost her balance and fell down the steps on a section of the steps that she alleged had eroded. She suffered a broken hip and other injuries. She filed a personal injury claim against the defendant alleging that it was negligent in its maintenance of the stairs and that it waived the doctrine of governmental immunity because it purchased liability insurance. She also alleged that the government was engaged in a proprietary function, which deprived the defendant of governmental immunity.

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Negligence claims can be complex, especially when they involve government entities. If you are bringing a North Carolina personal injury lawsuit against a government entity seeking compensation for your injuries, there are specific rules and procedures that you must follow that are different from bringing the same claim against a private individual or business. At Maurer Law, we have handled numerous government torts and are prepared to help you ensure that you assert your rights to the fullest extent.

The North Carolina appellate court recently considered a dispute involving the Tort Claims Act. The plaintiff was injured after she deviated from a crosswalk and cut across a grass median at which point she stepped into an uncovered storm drain and fell five feet underground. The plaintiff’s husband dropped her off to go jogging and returned later to pick her up. The plaintiff admitted that she deviated from the crosswalk when she saw her husband’s vehicle approaching.

She brought a claim against the North Carolina Department of Transportation pursuant to the Tort Claims Act and filed it with the Industrial Commission. She alleged that DOT negligently failed to inspect and maintain the drain because the cover that would have been on top of the hole was lying a few feet away.

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In a recent North Carolina trip and fall case, the plaintiff had sued after falling at an aquarium. She visited the aquarium in 2011, and after parking she was walking to the aquarium in a crowd. At a wooden bridge, she fell and fractured her hip, which necessitated hip replacement surgery and physical and occupational therapy. Her medical bills were $22,691.71.

She claimed that the aquarium, through its director, had been negligent in maintaining the aquarium’s common areas and failing to provide warnings about the dangerous condition. She claimed damages of $250,000. When it answered, the defendant denied the negligence claims. It argued that the plaintiff had been contributorily negligent. When a plaintiff is found contributorily negligent in North Carolina, she is barred from recovering any damages.

A deputy commissioner issued an order that found the defendant had breached its duty of care to the plaintiff and that she was not contributorily negligent. She was awarded more than $72,000 for medical bills and pain and suffering damages. The defendant appealed to the Full Commission. The Commission found that the plaintiff was 88 and owned a beauty salon, where she worked more than 40 hours per week until she was injured. She had no prior medical conditions affecting her walking ability, although she’d had an ulcer on her leg in 2011.