Premises Liability Lawyer
Premises Liability Lawyers Serving NC, SC & GA
Premises liability is the area of law that holds property owners and occupiers responsible for injuries caused by unsafe conditions on their property. When you visit a business, walk through a parking lot, stay at a hotel, or enter any property, the owner has a legal obligation to maintain the premises in a reasonably safe condition. When they fail in this duty and you are injured as a result, you have the right to seek compensation for your injuries.
At Dr. Ted Injury Law, our premises liability attorneys handle a wide range of property injury cases throughout North Carolina, South Carolina, and Georgia. We investigate the conditions that caused your injury, identify the responsible parties, and fight for the compensation you deserve.
Types of Premises Liability Cases
Premises liability encompasses a broad range of accidents and injuries:
- Slip and fall accidents — Wet floors, icy walkways, uneven surfaces, and cluttered pathways.
- Negligent security — Assaults, robberies, and other criminal acts that occur due to inadequate security measures.
- Dog bites and animal attacks — Property owners who fail to control dangerous animals on their premises.
- Swimming pool accidents — Drowning, near-drowning, and pool-related injuries from inadequate fencing, supervision, or maintenance.
- Elevator and escalator accidents — Mechanical failures, sudden stops, and entrapment.
- Toxic exposure — Mold, lead paint, asbestos, and other hazardous substances on property.
- Fire and structural failures — Building code violations, fire hazards, and structural collapses.
- Amusement park injuries — Ride malfunctions, inadequate safety measures, and operator negligence.
Duty of Care by Visitor Status
Traditionally, the duty of care owed by a property owner depends on the visitor's status:
- Invitees — People invited onto the property for the owner's benefit, such as customers in a store. Property owners owe invitees the highest duty of care, including a duty to inspect for and correct hidden dangers.
- Licensees — Social guests and others who enter with permission but not for the owner's direct benefit. Owners must warn licensees of known hazards.
- Trespassers — People who enter without permission. Owners generally owe only the duty not to willfully or wantonly injure trespassers, with exceptions for children under the attractive nuisance doctrine.
State-Specific Premises Liability Laws
North Carolina
North Carolina maintains the traditional invitee/licensee/trespasser distinctions. Property owners owe the highest duty to invitees, including a duty to inspect for hidden hazards. Contributory negligence under N.C. Gen. Stat. § 1-151 applies — any fault on the visitor's part can bar recovery. The statute of limitations is 3 years.
South Carolina
South Carolina eliminated the invitee/licensee distinction and applies a general duty of reasonable care to all lawful visitors under Lanham v. Blue Cross Blue Shield. The comparative negligence standard allows recovery if the visitor is less than 51% at fault. The statute of limitations is 3 years.
Georgia
Georgia applies the invitee/licensee/trespasser framework under O.C.G.A. § 51-3-1. Owners must exercise ordinary care to keep premises safe for invitees. Plaintiffs must prove the owner had actual or constructive knowledge of the hazard. Comparative negligence allows recovery if less than 50% at fault. The statute of limitations is 2 years.
Proving a Premises Liability Case
To succeed in a premises liability claim, you generally must prove the property owner owed you a duty of care, the owner breached that duty by failing to maintain safe conditions or warn of hazards, the breach caused your injury, and you suffered damages. Our attorneys use surveillance footage, inspection records, building code analysis, expert testimony, and other evidence to build compelling cases.
Compensation
Premises liability victims may recover for medical expenses, lost wages, pain and suffering, emotional distress, permanent disability, disfigurement, and loss of quality of life. Contact Dr. Ted Injury Law today for a free consultation.
Related Case Results
Our client was driving home from work on Interstate 85 near Charlotte when an 18-wheeler whose driver had exceeded federal hours-of-service limits ran a red light at a highway interchange, causing a devastating multi-vehicle collision. Our client suffered a severe traumatic brain injury, multiple fractures, and required months of intensive rehabilitation. Through exhaustive investigation, we uncovered falsified driver logs and a pattern of safety violations by the trucking company. After a two-week trial, the jury returned a verdict of $12.5 million, one of the largest trucking accident verdicts in North Carolina history.
A 42-year-old mother of three went to a Charlotte-area hospital for a routine gallbladder removal. Due to the surgeon's negligence, her bile duct was severed during the procedure, leading to a life-threatening infection, multiple corrective surgeries, and permanent digestive complications. Our team retained leading surgical experts who testified that the surgeon deviated from the standard of care. The case was resolved through mediation for $9.2 million, providing our client with the resources to cover her ongoing medical needs and compensate her family for the profound impact on their lives.
A commercial truck driver lost control of his vehicle on a steep descent near Asheville when the truck's brakes failed due to inadequate maintenance. The truck struck our client's vehicle head-on, killing the 38-year-old father of two. Our investigation revealed that the trucking company had repeatedly deferred required brake inspections and that the driver had reported brake issues weeks before the accident. We settled with the trucking company and the maintenance provider for a combined $8.7 million for the surviving family.
A construction worker at a high-rise project in downtown Charlotte fell 40 feet when his safety harness, manufactured by a major equipment company, failed due to a defective buckle mechanism. He suffered a catastrophic spinal cord injury resulting in permanent paralysis from the waist down. We pursued claims against both the equipment manufacturer and the general contractor, ultimately recovering $7.8 million through settlement. The case led to a voluntary recall of the defective harness model.