Premise Liability Lawyer
Premise Liability Lawyer
Every year, thousands of people go to hospitals after suffering serious injuries in premise liability accidents around the country. Slip, trip, and fall accidents can cause disabling injuries such as hip fractures, sprained wrists, and traumatic brain injuries. Serious falls can even be fatal. If you recently sustained a personal injury or a loved one died in a premise liability accident, our dedicated Asheville premise liability attorney at Burts Law, PLLC may be able to help you recover financially. A property owner and/or another party could owe you compensation for your damages. Contact our law firm today to schedule a free consultation to discuss your case with our experienced premise liability lawyer.
Why Burts Law, PLLC?
At Burts Law, PLLC, our Asheville, North Carolina premise liability lawyer handles personal injury and wrongful death cases for people in Asheville and throughout North Carolina. Since our founding, we have built a record for success, recovering damages for our clients. Our mission has been, and always will be, to meet the needs of our clients by striving for the best possible outcome in their case.
There are several reasons you may want to hire a qualified premise liability lawyer:
- Understanding your rights: Premise liability cases can be complex, and it can be difficult to understand your rights and options. Our Asheville premise liability lawyer has knowledge and experience in this area of the law, and can help you understand your rights and the process for seeking compensation.
- Proving negligence: To be eligible for compensation in a premise liability case, you must be able to prove that the property owner or another party was negligent. Our Asheville premise liability lawyer can help you gather and present evidence to support your claim, including photographs of the scene, eyewitness statements, and medical records.
- Negotiating with insurance companies: Insurance companies often prioritize their own interests over those of the injured party, and they may try to offer you a settlement that is less than what you deserve. Our premise liability lawyer can negotiate with insurance companies on your behalf to ensure that you receive fair compensation for your losses.
- Representing your interests in court: If a settlement cannot be reached, your case may go to court. Our Asheville premise liability lawyer can represent your interests in court and fight for the compensation you deserve.
- Protecting your rights: Premise liability laws can be complex and confusing, and it’s important to have someone on your side who understands your rights and can protect them. Our premise liability lawyer can ensure that your rights are protected throughout the process.
By hiring a Asheville premise liability attorney, you can ensure that your rights are protected and that you receive the compensation you deserve after a premise liability accident. If you have any questions or concerns, it’s important to seek the assistance of a qualified attorney as soon as possible.
What Is A Premise Liability Accident
If you suffer an injury on someone else’s property in Asheville, NC, the laws of premises liability will govern your case. Premises liability describes a property owner’s legal responsibility for the care and maintenance of a property.
Legally, property owners in North Carolina must use reasonable care in maintaining safe premises. This is the same degree of care that a prudent property owner would use in similar circumstances. If a property owner fails in this regard, meaning he or she does not use the required amount of care, he or she will be financially responsible for a victim’s related injuries.
Can I Afford To Hire A Asheville Premise Liability Lawyer?
Yes. At Burts Law, PLLC, our premise liability lawyer operates on a contingency fee basis. This means we collect our fees as a percentage of the settlement or judgment award won. You never have to pay for our services out of pocket. If you don’t win your case, you won’t owe us anything for attorney’s fees!
Types of Premise Liability Cases We Handle
A premise liability accident can cause serious injuries. Premises liability law encompasses many different types of accidents in Asheville. Unfortunately, these accidents are relatively common. Slip and fall cases alone send over one million people to emergency departments throughout the U.S., according to the National Floor Safety Institute. We handle many types of premise liability cases throughout North Carolina:
- Slip and fall accidents
- Animal attacks and dog bites
- Workplace accidents
- Amusement park accidents
- Store or restaurant accidents
- Swimming pool accidents
- Child injuries
- Elevator and escalator accidents
- Negligent security
- Structural collapses
- Exposure to toxic substances
Our premise liability lawyer knows how much a serious personal injury can impact the life of a victim. We are passionate about holding negligent property owners liable and helping victims obtain justice in the form of financial compensation. We will fight to recover maximum compensation that covers the full extent of your injury-related medical bills, including future care for a permanent disability. We will also negotiate for the recovery of your emotional injuries, such as pain and suffering.
Who Can I Sue If I’m insured On Someone Else’s Property In Asheville, North Carolina?
According to North Carolina law, if you’re injured on someone else’s property, you can generally hold the individual, company or entity in charge of controlling the property legally responsible. The party that will act as the defendant in your premises liability claim will depend on the situation. In most cases, the liable party will be the person or company that owns, leases, occupies, or controls the property. The defendant in your Asheville premises liability case could be:
- Your landlord
- A homeowner
- A business owner
- A company
- A tenant or renter
- A property management company
- A retailer
- A restaurant
- An employee
- Multiple parties
In premises liability law, control over a property is typically sufficient to hold a party responsible for an accident; the defendant does not have to have owned, occupied and controlled the property to be liable. The liable party in your case will depend on the type of property, legal matters such as a rental agreement, whether you were at work at the time of your accident and the defendant’s duties of care owed to you. Learn more by speaking with a premises liability attorney in Asheville.
How Do I Prove Negligence In A Premise Liability?
Before you can recover compensation for a premise liability accident, you or your attorney will have to prove the defendant’s fault. Fault in a premise liability claim refers to a property owner or maintenance person failing to check premises for hazards or ignoring a known defect. The burden of proof in a premise liability claim rests with you, the injured victim.
It isn’t uncommon for property managers and their insurance companies to argue that fall victims are partially or completely at fault for premise liability accidents. You or your Asheville premise liability lawyer must establish the defendant’s negligence in causing or contributing to your accident. A premise liability lawsuit, like all premises liability cases in North Carolina, requires proof that:
- The defendant was the owner or controller of the property at the time of the accident.
- The defendant knew or reasonably should have known of the dangerous condition.
- The defendant negligently failed to remedy or warn visitors of the dangerous condition.
- The dangerous condition caused the victim’s injuries.
- The victim suffered compensable losses.
Typically, the second element is the most difficult to prove. You or your lawyer must have evidence that the owner or possessor of the property created the dangerous condition, knew the condition existed or that the condition existed for long enough that a reasonable person would have discovered it. This could require evidence such as surveillance footage, photographs, previous accident reports, complaints from other visitors, cleaning or maintenance logs, and witness or expert testimony.
How Much Is A Premise Liability Case Worth?
How much a premise liability case is worth is directly related to the severity of the victim’s injuries and extent of his or her losses. In general, premise liability cases involving serious injuries will be worth a higher amount than minor injuries. You or a loved one could be eligible to recover the following damages, depending on the case:
- Medical expenses and disability costs
- Losses of income
- Past and future pain and suffering
- Emotional injuries
- Legal fees and out-of-pocket expenses
- Punitive damages
If you want to learn the value of your premise liability claim in Asheville, schedule a free consultation with our premise liability attorney for more information. We will provide a thorough review of your claim to accurately estimate its worth. Then, if we accept you as a client, we can help you negotiate with an insurance company for maximum compensation.