According to North Carolina premises liability laws, only guests who were legally on someone’s property can seek damages from the property owner.
Property owners owe no duty of care to trespassers on their property. For example, if a burglar breaks a window, climbs through, and cuts themselves, the homeowner bears no responsibility for their injury.
One exception to this is if the property owner purposely injured the trespasser. For instance, setting up traps to injure trespassers would be a violation of premises liability laws. The law calls this “foreseeable harm” because the property owner knew their actions could hurt someone.
Children are also exempt from the trespassing exception because they’re not old enough to know right from wrong, which means adults have a duty to protect them. This is true even if they trespass on someone else’s property.
Property owners are responsible for minimizing “attractive nuisances” to children. Attractive nuisances include swimming pools, junk piles, trampolines, and playground equipment at someone’s home.
For example, if a homeowner failed to put a fence around their swimming pool and a child fell in, they would be responsible for that child’s injuries.
An accident due to property owner negligence can leave you feeling angry, and rightly so. Had that person or company been more careful, you wouldn’t have been hurt in the first place.
Because of their irresponsibility, you’re stuck with piles of medical bills and injuries that could take a long time to heal. You might have to take time off work to recover, costing you a paycheck your family desperately needs.
At Yale Haymond Law, PLLC, we handle all types of premises liability cases, including:
- Slip-and-fall accidents
- Escalator and elevator injuries
- Dog bites
- Crimes resulting from negligent security (you were robbed or assaulted because a security guard wasn’t paying attention, for example)
- Smoke inhalation and burns
- Electrical shocks
- Swimming pool and water park accidents
- Flooding-related accidents, including illness caused by mold inhalation