But I Fell On Their Property
One of the most common misperceptions I encounter is when a person is injured on someone else’s property. Invariably, most people believe that the person who owns or is in charge of the property is automatically responsible. However, the key to whether or not someone is “responsible” is fault, not ownership. Simply because someone owns or rents property where someone is hurt does not mean they are “responsible.”
In North Carolina, a property owner has a duty to exercise reasonable care to provide for the safety of all lawful visitors on his or her property. Defining reasonable care varies depending upon the circumstances of each case. However, our courts have said that a property owner has a duty to warn a lawful visitor of hidden perils or unsafe conditions insofar as they know of them, or that can be ascertained by reasonable inspection and supervision.
Even though a property owner owes any lawful visitor these duties, the visitor has a duty to exercise reasonable care. This is especially true in premises liability cases. Our courts have repeatedly stated that the visitor owes a duty to themselves to keep a proper lookout for dangerous conditions. If a condition or hazard causes them injury, and if they could have detected or avoided such condition or hazard by keeping a proper lookout, then the visitor was contributorily negligent, or negligent themselves, and cannot recover. Additionally, if the condition or hazard was obvious or the person knew of it, the injured person will usually be considered to be contributorily negligent.
Most lawyers will tell you that premises liability cases are some of the most difficult cases to win in North Carolina. This is mainly due to the fact that more often than not, regular, ordinary people on a jury will believe that someone should have been watching where they were walking, and if they did, then they would have seen the problem. While we all know that is not always true, nonetheless some jurors will believe that and find an injured person to be contributorily negligent, and thus precluding any recovery.
Additionally, difficulty arises with the manner in which one fell. Particularly, where a person has slipped or tripped, the injured person must show that the property owner knew or should have known of the problem and did not fix it. It is somewhat rare to find a property owner who knew of a danger and did not correct it. Many times a property owner does not know of the danger. Thus, the injured person must show that the property owner should have known of the problem, which involves evidence of how long the condition existed, how apparent was it, and so forth. However, the more obvious the danger is, and more likely the property owner should have known of it, the more likely it is the injured person should have seen it as well. As you can see, the evidence does not only point towards one person in some cases.
So, if you are injured on someone else’s property, just because they own it doesn’t necessarily mean they are responsible for your injuries. You should immediately consult with a lawyer who can ask the right questions to see if the facts surrounding your injury will or will not support a claim against the property owner.
