Representing the Injured After a Trip, Slip or Fall Accident

Premises liability deals with unsafe property conditions that result in an injury to a visitor to the property. When you enter a store, an office, a sports complex, a park or another business or government property, you reasonably expect it to be safe. In fact, the owners have a duty to maintain the property in good condition and to warn you of hazards. While the concept of premises liability law may seem straightforward, its application can be complex and nuanced depending on the facts of a particular case. Your right to collect damages for an injury you sustain on another person’s or corporation’s property is based on the doctrine of premises liability.

Hensley Cloninger & Greer, P.C., has more than three decades of experience in personal injury litigation. Our lawyers investigate the condition of the property at the time of your accident to determine whether the owner is at fault. We then collect evidence of dangers to prove negligence and build a strong claim for maximum possible damages.

Talk to a seasoned premises liability attorney in Asheville at Hensley Cloninger & Greer, P.C.. Complete our online form or dial (828) 383-8414.

Common Dangerous Premise Accidents

A very common type of premises liability case is the slip-and-fall accident involving a slippery substance on the defendant’s property. Another common type of premises liability is the trip-and-fall accident involving a permanent or fixed object, such as a crack, brick or functional item on the property. A trip, slip or fall can be serious, potentially resulting in debilitating injuries, such as spinal damage, herniated discs, head trauma, fractures or severe soft tissue injuries. 

Many trip, slip and fall cases are avoidable but for the negligence of the proprietor, for example:

• Snow and ice on walkways and stairs
• Slippery surfaces in swimming pool and recreation areas
• Unsupervised pools and playgrounds
• Broken railings on balconies and landings
• Spilled liquids in grocery store aisles
• Cracked sidewalks and pavement
• Overstocked market shelves
• Unmarked construction zones
• Collapsing scaffolding

Elements Of A Premises Liability Claim

To prevail on your premises liability claim, you must demonstrate negligence by a preponderance of the evidence – meaning that it is more likely than not that the owner is liable. 

The elements of a valid claim are:

• The property owner owed you a duty of care
• The owner breached the duty
• You sustained an injury because of the breach
• You suffered an injury as a result

Because North Carolina allows a contributory negligence defense, you may have to show that you were not partially at fault for your injuries.

“Open And Obvious” Exceptions

In general, a person that is injured as a result of an “open and obvious” property condition cannot recover under a premises liability claim. This is a common defense used by defendants accused of premises liability.

A 2013 court decision analyzed the open and obvious exception. The plaintiff in the case, who was hauling logs from the defendant’s property, had to deliver some documents to a person on the property. In order to do so, he had to walk through an area of logs and other debris. During the walk, he fell and sustained injuries. He then sued the property owner under a theory of premises liability. The Court of Appeals ruled that although the unsafe condition was open and obvious, the plaintiff had no alternative path to deliver the documents, and therefore the open and obvious defense should not apply. This ruling exemplifies the complex and fact-specific nature of premises liability.

If you’ve been injured on someone else’s property, we recommend that you contact an experienced personal injury attorney to review the facts of your case. Premises liability cases can be complicated and nuanced and your attorney can help you navigate the applicable legal landscape.

Collect Compensation From Negligent Property Owners

Our team of attorneys at Hensley Cloninger & Greer, P.C. has served injured clients throughout North Carolina and the southeast United States and would be glad to help you get the compensation you deserve for your injuries. We can schedule appointments for weekends and evenings if you are unable to make it to our office during regular business hours. Our firm handles all premises liability claims on contingency.

To recover for a trip, slip or fall injury, call Hensley Cloninger & Greer, P.C., at (828) 383-8414, or contact us online to schedule your free initial consultation.