Premises Liability: Types of Claims & Who’s at Fault
When you’re injured on someone else’s property, whether it’s a business, private home, or public space, you may wonder who is responsible and whether you have a legal claim. These situations fall under a category of personal injury law known as premises liability. In this blog, we’ll explain common types of premises liability claims, offer real-world examples, and outline when a property owner can be held legally responsible.
What Is a Premises Liability Claim?
A premises liability claim is a legal action brought by someone who was injured due to unsafe conditions or negligence on another person’s property. These claims allege that a property owner (or other responsible party) failed to take reasonable steps to ensure the premises were safe.
Premises liability injuries can occur in residential homes, apartment buildings, retail stores, parking lots, or any area not owned or controlled by the injured person.
Common Types of Premises Liability Claims
The most common premises liability injuries occur due to slip- or trip-and-fall incidents. A trip-and-fall lawsuit might result from loose floorboards, uneven pavement, wet floors without warning signs, or cluttered walkways.
Other types of premises liability claims include:
- Improper Maintenance: Includes failure to maintain stairs, sidewalks, elevators, or safe storage of hazardous materials
- Negligent Security: Injuries from assaults or crimes due to poor lighting, no surveillance cameras, or lack of security personnel
- Dog Bites or Animal attacks: When a known aggressive animal is not properly restrained
- Swimming Pool Accidents: Often involving children, due to inadequate fencing or lack of supervision
- Elevator or Escalator Accidents: Caused by mechanical failure or poor maintenance
- Falling Objects: Items falling from shelves or construction materials falling from above
Injuries from these incidents can range from broken bones and soft tissue damage to spinal trauma, concussions, or even wrongful death.
Who Can Be Held Responsible?
Responsibility for a premises liability lawsuit may lie with the property owner, landlord, tenant, or business operator—anyone who had control of the property and failed to address or warn of a hazardous condition.
Critically, North Carolina follows a contributory negligence rule. In this state, if the injured person is found even 1% at fault, they may be barred from recovering compensation. That’s why it’s essential to document the scene and consult an experienced attorney promptly.
What You Need To Prove
To succeed in a premises liability lawsuit, you must prove:
- Duty of Care: The property owner had a legal duty to maintain reasonably safe conditions.
- Breach of Duty: That duty was violated (e.g., ignoring a known hazard like a broken handrail).
- Causation: The breach directly caused your injury.
- Lawful Presence: You were legally on the property at the time of the injury.
A skilled attorney can investigate the facts, gather evidence, and determine whether your case meets these legal standards.
Visitor Status Matters
In North Carolina, the duty a property owner owes a visitor depends on the visitor’s legal status:
- Invitees (e.g. store customers): Owners must keep the property reasonably safe and fix or warn about known dangers.
- Licensees (e.g. social guests): Owners must warn about known hazards but are not required to inspect for them.
- Trespassers: Owners are generally not liable unless they intentionally create dangerous conditions or in specific circumstances involving children.
Real-World Premises Liability Examples
These examples illustrate how preventable hazards can lead to serious injuries:
- A customer slips on a wet grocery store floor with no warning sign.
- A tenant is injured after encountering a broken stairwell handrail due to poor maintenance.
- A guest is attacked in a poorly lit hotel garage without adequate security.
- A child drowns in an unfenced pool without proper barriers or supervision.
Each of these cases shows how premises liability injuries can occur, why property owners have a duty to maintain safe environments, and what can happen when they don’t.
Injured on Someone Else’s Property? Know Your Rights
If you’ve been injured due to unsafe conditions on another person’s property, you may have a legal claim—but you must act quickly. The experienced personal injury team at Miller Law Group can help you understand your rights, gather evidence, and pursue the compensation you deserve.
Contact us today for a free consultation. We’ll listen to your story, explain your options, and work with you to hold negligent parties accountable.
