Guide to North Carolina Premises Liability Laws

North Carolina’s premises liability law for short-term rentals is critical to safeguard the rights of individuals after an injury on someone else’s property. This law compels property owners to maintain safe conditions and provide clear warnings about potential dangers, ultimately protecting lawful visitors from preventable harm. When property owners neglect these duties, they can be held liable for damages, which often include compensation for medical expenses, lost earnings, and emotional distress.

In a tragic short-term rental safety case in the town of Corolla, NC, the elevator in a beach rental property fatally crushed seven-year-old Weston Androw between the inner and outer layers. The frequency of these incidents highlights the serious issue of unregulated short-term rentals in North Carolina, and the importance of premises liability laws, especially when essential safety elements like elevators are involved. Weston’s death stands as a heart-wrenching reminder of the critical importance of stringent safety measures, regular inspections, and the unyielding enforcement of premises liability law in the domain of short-term rentals. This somber event brings an urgent call to action to the forefront of lawmakers, property owners, and the community’s consciousness.

What actions can be taken to effectively prevent and mitigate these unfortunate incidents? It is crucial to understand the root causes that led to their occurrence in the first place. Miller Law Group’s team of premises liability attorneys in Raleigh is dedicated to thoroughly investigating and advocating for transformative changes in how we approach enforcing safety at short-term rentals by law. Our mission is to create a safer and more accountable environment for all.

In North Carolina, a short-term rental property is typically defined as a residential property that is rented out to vacationers or other tenants for brief periods. This could range from a few days to a few months, depending on the agreement between the landlord and the tenant.

The state imposes minimal regulations on the vacation rental industry. This ostensibly aims to ensure short-term rentals are safe, without imposing an undue burden on property owners and operators. Landlords must provide fit premises, which includes compliance with building and housing codes, maintaining the property in a habitable condition, ensuring safe common areas, and providing operable smoke detectors and carbon monoxide alarms.

However, North Carolina lacks more stringent requirements for operating short-term rentals. Unlike the laws in some states, North Carolina property owners and operators are not required to register with the local government or obtain a permit or permission under the building or housing code to rent or lease their property. Even though local ordinances can require some other development approval, like a zoning compliance permit for land use, they cannot impose a registration program.

These lax regulations make North Carolina one of the more attractive locations for short-term rental investments. While this regulatory environment may benefit property owners, it may also contribute to short-term rental safety and accountability concerns, as highlighted by tragic incidents such as the elevator accident in Corolla.

The absence of strict elevator regulations for North Carolina’s short-term rental properties was a glaring safety concern that the Androw family learned about firsthand.

“Weston’s Law,” named in memory of 7-year-old Weston Androw, is a legislative measure designed to address the precarious lack of elevator safety regulations in North Carolina rental properties. This law mandates that properties equipped with residential elevators meet these two safety regulations:

• The gap between the landing door and the elevator car cannot exceed four inches.
• Elevator doors and gates must be rigid enough to withstand 75 pounds of force without a three-quarter-inch deformation and without displacing the door or gate from its tracks.

“Weston’s Law” represents a significant step towards preventing future accidents from occurring in these properties.

Premises liability is a legal concept that arises in personal injury cases where the injury was caused by some type of unsafe or defective condition on someone’s property. Under North Carolina law, property owners and residents have a duty to maintain a safe environment for visitors, and thanks to Weston’s Law this now includes elevators. A premises liability claim may be made following an injury due to a rental owner’s negligence or failure to maintain short-term rental safety conditions.

When To Seek a Raleigh Premises Liability Attorney

If you or a loved one has suffered an injury on someone else’s property due to unsafe conditions, and you suspect negligence on the part of the property owner, it is advisable to consult with a premises liability lawyer as soon as possible. A legal expert can guide you through the complexities of your case. The attorneys at Miller Law Group will help identify whether you have a valid claim. We’ll help you pursue the compensation you may be entitled to for medical bills, loss of income, pain and suffering, and other damages. It’s important to act promptly, as there are specific time limits for filing a claim. Remember, each case is unique, and the success of your claim can depend heavily on the individual circumstances surrounding your injury.

Stacy Miller and the Miller Law Group have been instrumental in advocating for the implementation of “Weston’s Law,” demonstrating our unyielding dedication to enhancing short-term rental safety in North Carolina. We work tirelessly to bring attention to the urgent need for stronger regulations and push for legislative change. Our legal expertise has allowed us to effectively communicate the severity of the situation and the dire need for inspection standards and protective measures for residential elevators. Our Raleigh attorneys have highlighted the lack of safety regulations and have also given a clear voice to the victims of such accidents by holding property owners responsible under North Carolina’s premises liability law. Stacy Miller and the Miller Law Group are here to show the power of determined legal advocacy in bringing about much-needed change, ensuring that the tragedy that befell Weston Androw and others is not repeated, and ensuring short-term rental properties in North Carolina are safer for all.

At Miller Law Group, we are committed to serving our clients and ensuring they receive the justice they deserve. It’s our mission to make you feel heard, understood, and supported throughout the legal process. If you’re wondering how Miller Law Group’s premises liability attorneys can assist you, contact us today. We look forward to making you a part of our team.