What is Premises Liability?

Charlotte Personal Injury Attorney Matt Arnold answers the question: ” If an incident report was filled out, do I have a right to receive a copy?”


Accidents and injuries can happen quickly. Slip and falls are among the most common types of accidents that often result in physical harm. More than several million people each year visit the emergency room due to injuries sustained by tripping or falling. The Centers for Disease Control and Prevention (CDC) estimates that about one of every five falls results in serious injuries such as broken bones or head trauma. When you fall on someone else’s property, the owner might be responsible if they were negligent. You could be owed money for your damages by the negligent person.


Premises Liability

Premises liability is the law that governs property owners. Owners and others are responsible for ensuring the safety of their premises. This means that the owner must make sure that the inside and outside are safe for customers and employees. If you fall at a store, in a parking lot, or a restaurant or other establishment, the owner must take steps to keep a safe environment. If you fall and get hurt because of something the owner did wrong, they could owe you compensation for your injuries. An experienced personal injury attorney will review the details of your case to determine how to proceed.


Some common examples of accidents that could be covered under premises liability laws include tripping over boxes left in a store aisle, falling due to poor lighting in the parking lot, and slipping on a wet floor at a restaurant. The owner or manager must maintain a safe area. If the owner knew that something they did could cause injuries to another, they could be negligent in the accident. It is essential to take steps immediately after an accident to make it easier to prove your claim.


How to Prove a Premises Liability Claim

To win a premises liability case, you will need to prove negligence. Negligence simply means that the party knew or should have known of the potential for injury and failed to do anything about it. There are several things you must show to prove negligence.


  • The party had a duty of care
  • The party failed to provide the duty of care
  • You sustained an injury because of the failure of duty of care
  • You have actual damages as a result of the injury


A party such as a store owner has a duty to provide premises that are safe for people. If the party knew there was a problem or should have known that a situation could be dangerous or harmful, he has to do something to ensure it is safe. You must have suffered actual damages as a result of the injury.


Damages in a Premises Liability Case

Damages include a variety of things, such as medical bills, lost wages, pain and suffering, and more. The negligent party has to pay for any and all damages you incurred due to the injury. However, it is essential to note that in North Carolina, you can only recover damages in instances in which you bear no portion of negligence. Therefore, it is extremely critical that you take some immediate steps after an injury. Report the accident to the police immediately so there is a record of the incident. If there are witnesses, make sure that you obtain their contact information. Be sure to inform the owner or proprietor at the time of the injury. Seek medical attention promptly and always indicate the reason for the injury.


If you were hurt due to someone’s negligence, do not wait to get legal guidance. Contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to discuss the details of your injury today.





The skilled personal injury attorneys at Arnold & Smith, PLLC, are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to: Camp Lejeune related injuries, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car, and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life and that the effects often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC, are dedicated to helping clients determine their claims’ strength and aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.



Negligence | Wex | US Law | LII / Legal Information Institute (cornell.edu)

Facts About Falls | Fall Prevention | Injury Center | CDC


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