Raleigh Premises Liability Lawyers

If you were injured at the property owned by a person or business, you have the right under North Carolina law to receive compensation for your injuries from the property owner and operator. Our experienced Raleigh premises liability lawyers can help.

Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.

As former insurance defense attorneys, we know how to fight for every penny you deserve.

Our Raleigh Premises Liability Settlements and Verdicts:

What Is a Premises Liability Claim in Raleigh, NC?

Premises liability describes accidents that may occur while you’re a guest on someone’s private property, a visitor on commercial property, or a customer of a store of business. That includes injuries on properties like personal residences, restaurants, hotels, gyms, pools, or stores. These cases are called “premises liability” claims, and the law in North Carolina related to “premises liability” can be challenging to win.

You have to be able to prove:

• The property owner or manager failed to use reasonable care to discover and fix any dangerous conditions on the property and

• This failure caused an injury.

Common Injuries Caused by Premises Liability Accidents in North Carolina

Property accidents can cause minor and serious injuries bodily injuries to everyone involved.  Some of the most common types of injuries our slip and fall attorneys in Raleigh see in their cases are:

• Back and spine injuries

• Neck injuries

• Brain injuries, including concussions and traumatic brain injuries (TBI)

• Sprained and bruised knees, ankles, wrists, hips, and shoulders

• Broken bones

• Fire, electrocution, and burns

• Eye injuries

• Hearing loss

• Amputations

• Drownings

• Chest and abdominal injuries

• Anxiety and psychological injuries

Damages Our Raleigh Premises Liability Lawyers Can Help You Recover

The personal injuries you suffered in your premises liability accident may entitle you to monetary payments and compensation.  Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh premises liability injury lawyers are:

• Medical bills paid/reimbursed

• Future medical expenses

• Lost wages and income for time you missed at work

• Pain and suffering/mental anguish

• Loss of consortium if your accident affected your relationship with your spouse

• Permanent disability, scarring, or disfigurement

• Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries

A Guide to North Carolina Premises Liability Claims

Premises liability refers to the legal responsible that a property owner and manager has to keep their property in a reasonably safe condition for guests on the property. If you are injured

Unfortunately, there is little reliable or correct information about premises liability cases that is available to the public, which causes confusion about the premises liability process and hurts injury victims’ chances for recovery. Here’s what our team of Raleigh premises liability lawyers believe you should know:

1. Who Is Covered by North Carolina Premises Liability Laws and Protections?

Under North Carolina law, property owners (or tenants) have a duty to maintain their property in a reasonably safe condition for individuals who come on the property. But there are different duties and responsibilities to keep guests (known as invitees or licensees) safe vs. a trespasser.

Invitee (a type of guest)

An invitee is a person who is invited onto the property for the benefit of the owner or occupier, such as a customer at a store. A property owner must use reasonable care to discovery and fix any dangerous conditions on the property that could hurt an invitee. For example, if a store owner knows about a wet floor and does not put up a warning sign or clean up the spill, they may be liable for injuries sustained by a customer who slips and falls on the wet floor.

Licensee (a type of guest)

A licensee is a person who is allowed to be on the property for their own benefit, such as a social guest. A property owner must use reasonable care to discovery and fix any dangerous conditions on the property that could hurt an invitee.

Trespasser (adults)

A trespasser is a person who enters the property without permission. A property owner does not have a duty to protect trespasser from harm.

Trespasser (Children)

In North Carolina, property owners or occupiers owe a duty of reasonable care to children who may be attracted to the property due to an attractive nuisance, such as a swimming pool or playground equipment. In these cases, the property owner or occupier must take reasonable steps to protect children from the hazard or to warn them of the danger.

2. What Should I Do If I’m Injured on the Property of a Person or Business in Raleigh, NC?

The initial moments and days after your premises liability accident are critical, not only for your well-being but for your chances for compensation as well. These are the most important steps to take after your injury accident:

• Take photos of your injuries

• Take photos of the area on the property where you were injured

• Visit a doctor if you haven’t already

• Follow the doctor’s recommendations and attend all follow-up appointments

• Write down a narrative of what happened while it’s still fresh in your head

• Make a list of witnesses and their contact information if you know it

• Follow any additional instructions from your attorney

3. How Do I File a Premises Liability Claim in Raleigh, NC?

A premises liability case begins when you file legal documents called a “summons” and “complaint” in the appropriate North Carolina court, usually in the county where you live or where the accident occurred. The specific details are outlined in Rule 4 of the North Carolina Rules of Civil Procedure. Filing a case is as simple as taking the summons and complaint to the court clerk of the court where you’re filing the case.

The clerk accepts the filing and returns your copies so that you can serve the defendant with their copy of the filing documents. “Serving” a defendant means providing them with a copy of your file-stamped summons and complaint in a very specific, formal way, which is explained in Rule 5 of the North Carolina Rules of Civil Procedure. Your complaint must include all of the grounds to bring your case and all of your demands for compensation.

4.  Will My Premises Liability Claim Go to Trial in Raleigh, NC?

95% of premises liability cases, according to government statistics, resolve before needing to go to trial. The vast majority of injury cases will settle before the trial date arrives (sometimes even before a lawsuit is filed), and others will settle in the middle of trial. The most common reasons cases go to trial are:

• The defendant’s insurance adjuster and company believes they will win the case, so they offer a very low settlement or none.

• The insurance company doesn’t want to set a precedent for settling your type of premises liability lawsuit.

• The insurance company believes you are to blame or responsible for your injuries

• The monetary amount demanded by your attorney is too high for the insurance company to settle without fighting the claim.

• Liability (meaning who is at-fault) or the injured person’s damages are too contested or questionable to find a middle ground.

The more time spent in preparation and building the case, the more likely your case will reach an appropriate settlement. But there are a lot of variables, and if your case is in the small percentage that go to trial, a Raleigh premises liability attorney can help prepare you for what to expect.

5. How Much Will My Premises Liability Claim Settle for in Raleigh, NC?

There’s no way to precisely value your claim, but an experienced premises liability attorney may be able to give you an approximate value based on their experiences and prior results in other cases. The value of your claim includes your economic damages like costs for medical treatment, lost wages, future medical care, paying for help you need around the home, and physical therapy.

To approximate a total case value, you can add up your total economic damages and then multiply that figure by 1.5 or 2 (for moderate injuries) to account for pain and suffering, which will give you a rough range of what a jury might award might be or how an insurance company could value your claim. For serious injuries with significant permanent injury, you might multiply your total economic damages by 4 or 5 for those severe cases. For incidents that “shock the conscience,” like car accidents involving drunk drivers, we have seen victims awarded damages 10x or more of their economic damages. In a recent drunk driving case, our team of car accident attorneys in Raleigh negotiated a settlement for our clients that was 13x their medical bills.

6.  What If I’m Partially At-Fault for Causing My Accident On a Company’s Property in Raleigh, NC?

Whether it’s true or not, you are likely going to be blamed for causing your accident or injuries, even if just partially. You might even believe that you are responsible for the accident. However, there is a big difference between what regular people think about fault and what the law says. For instance, you might think a man stepping into a clearly visible 23 ft x 3 ft open service pit at an auto repair shop that he’s frequented for years is to blame for his own injuries. But the $1,800,000 settlement our team of Raleigh premises liability lawyers secured in that case in 2020 suggests otherwise.

North Carolina does follow the doctrine of contributory negligence, which could prevent you from recovering damages from your accident if a jury believes you are partially to blame. However, an experienced Raleigh premises liability lawyer understands that defense and how to work around it.

7. How Long Does a Premises Liability Claim Take to Reach a Settlement in Raleigh, NC?

A small of number of cases resolve very quickly before a lawsuit is even filed. It may take 3-4 months to obtain your medical bills and records and 1-2 weeks to negotiate with the claims adjuster. However, these cases are in the minority and are usually limited to very specific circumstances (like when liability is clear and the damages are so severe that they clearly are worth more than the limits of available insurance). Premises liability cases in particular require extensive investigation, code research, and engineering analysis (for issues like lighting, stair heigh, friction coefficient, etc) to determine that cause of your accident.

In most other cases, litigation can last for a year or more. The more complicated or contested your case, the longer you can expect it to take. You do have some control over the length of your case because it’s up to you to accept or reject settlement offers.

8. How Long Do I Have to File a Premises Liability Claim in Raleigh, NC?

There is limited amount of time you have to file a claim, also known as the statute of limitation. In North Carolina, for most premises liability cases, you have 3 years from the accident or injury to bring a claim. For accidents on property that resulted in death, you have 2 years from the date of the death. There is no wiggle room or do-overs when it comes to deadlines to file an injury on property claim, so it is in your best interest to get a Raleigh premises liability attorney involved as early as possible after your accident.

9. What Is the Process for a North Carolina Premises Liability Claim?

Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced injury lawyer in Raleigh can help, guide, and prepare you through this process.

In North Carolina, it is mandatory for the parties to also participate in “mediation” before the case goes to trial. Mediation is simply a meeting (either via Zoom or in a conference room) that all of the parties are required to attend, along with a professional mediator, to see if the case can be settled and resolved. A representative of the insurance carrier who decides how much money the carrier will offer will also be present. A majority of cases resolve through mediation.

10. How Much Does a Premises Liability Lawyer in Raleigh, NC Charge?

Many Raleigh premises liability attorneys will agree to work on your case with no money up front or out-of-pocket. If you succeed in your case, they will take a percentage of the compensation you receive either in your settlement or judgment from a jury verdict. This is also known as a contingency fee. In most of our cases, we charge a contingency fee equal to 1/3 of the amounts we recover on your behalf. That means we have a financial incentive to help you recover every amount you’re owed, not one penny less.

11. What Does a Raleigh Premises Liability Lawyer Do to Help?

Hiring an experienced premises liability lawyer can provide you with numerous benefits. Injury attorneys know how to conduct initial investigations and save important evidence (before it could be destroyed) that might be needed for your case. They are able to work with experts, law enforcement, and first responders to prove what happened in your accident. They can assist with getting you the appropriate medical care and treatment.

Good North Carolina premises liability attorneys can also negotiate with the at-fault parties, their lawyers, and insurance adjusters to get you fair compensation for your injuries. But perhaps most importantly, a premises liability lawyer can take the weight and burden of the legal aspects of your case off your shoulders so you to focus on your recovery.

12. What Happens After I File a Premises Liability Claim in Raleigh, NC?

In a North Carolina premises liability lawsuit, the injured party (victim) files a formal demand for compensation called a Complaint. Once you file the case, you serve the other side with a copy of the paperwork. Then you wait for them to file an Answer, which is just a legal document that admits or denies the allegations in your Complaint. At the time same, you have time to build your case by contacting witnesses, gathering medical evidence, and collecting evidence from the other party. This is known as “discovery.” At that time, you may be asked to give a “deposition,” which is sworn testimony under oath. An experienced North Carolina premises liability lawyer, like our team in Raleigh, NC, can help, guide, and prepare you through this process.

13. What Is the Statute of Limitations in North Carolina for Premises Liability Claims?

There is limited amount of time you have to file a claim, also known as a statute of limitation. In North Carolina, for most injuries on property cases, you have 3 years from the accident or injury to bring a claim. For premises liability accidents that resulted in death, you have 2 years from the date of the death.

14. What is the Average Settlement for a Premises Liability Claim in Raleigh, NC?

Determining the average settlement for a North Carolina premises liability case is difficult because there are so many different types and severity of injuries. In North Carolina, a number of facts go into the value of a case. Those include:

• The defendant’s ability to pay

• The severity of your injuries and damages you sustained

• Who is at-fault and how bad their conduct was

• Whether you were arguably at-fault for your injuries

However, cases may settle for more than the average when a good North Carolina premises liability lawyer is on your side.

15. Does Pain and Suffering Include Medical Bills (and What’s the Difference)?

No, pain and suffering is different from economic damages like medical bills and lost wages. Pain and suffering relates to the hassle, anxiety, stress, actual pain, and trauma you suffered as a result of the injury. But you have a right to claim full compensation for your injuries, which means medical bills, other economic damages, permanent disability, AND pain and suffering. Pain and suffering is on top of and in addition to your economic damages, like medical bills.

16. What Is Fair Compensation for Pain and Suffering for a Premises Liability Claim in Raleigh, NC?

There is no magic formula for determining what amount of pain and suffering is fair in your injury on property case. In general, pain and suffering is proportional to the injuries you suffered. If your injuries are severe and/or caused permanent disability, the more pain and suffering compensation would be fair to award in your case. In a case with severe injuries and lifelong suffering, you might be awarded pain and suffering that is 5x or more of your economic damages (medical bills, lost wages, etc). In minor injury cases, your pain and suffering may be slightly less or equal to the amount of your medical bills.

However, sometimes there is a disconnect between what is just and fair in your case vs. what an insurance company or at-fault party will actually pay. A good premises liability lawyer has experience and even tools that can investigate recent judgments and settlements in your area to give you the best leverage in settlement negotiations so you can recover what is fair.

17. Why Are Injuries on Property So Common in North Carolina?

• Frequently property owners don’t treat guest safety as a priority and fail to keep the property maintained

• Older properties often have uneven walking surfaces, unmarked hazards, and insufficient lighting, which cause accidents

• Because of poor supervision or internal policies, customers are sometimes able to access employee-only, restricted areas

• Property owners often fail to post hazard signs to warn the public of hidden or unknown dangers

18. How Can I Be At-Fault for My Accident on Someone’s Property in Raleigh, NC?

There are several defenses that property owners or property tenants may raise in a premises liability case in North Carolina. Having these defenses available to them can make a property injury claim difficult to win, which is why we recommend hiring an experienced premises liability lawyer to help.

Contributory Negligence

One defense is contributory negligence, which means that the injured person's own actions contributed to the injury. If the injured person was partially at fault for the injury, they may be barred from recovering damages or their damages may be reduced by the percentage of fault attributed to them.

Assumption of Risk

Another defense is assumption of the risk, which means that the injured person voluntarily assumed the risk of injury by engaging in a dangerous activity on the property. For example, if someone is injured while participating in a bungee jumping activity on the property, they may be barred from recovering damages if they knew or should have known that bungee jumping was inherently risky.

Act of God

Finally, property owners or occupiers may argue that the injury was caused by an act of God or a third party, which means that the injury was caused by a natural disaster or the actions of someone other than the property owner or occupier. In these cases, the property owner or occupier may not be liable for the injury

19. Can I File a Premises Liability Claim Without a Lawyer in Raleigh, NC?

Yes, you can file a premises liability lawsuit without a lawyer. However, if you bring your case on your own, you’re subject to the same rules and standards as you would be if you had an injury attorney. You are required to follow the same formalities and rules when filing court documents. The rules of discovery, admission of evidence, and civil procedure will still apply to you in your case. If you make a mistake, there is a chance that you case will be dismissed or thrown out. While you can file a civil lawsuit without an attorney, your best chance to recover the maximum amount possible is working with an experienced premises liability lawyer.

20. How Do I Find the Best Raleigh Premises Liability Lawyer for My Case?

Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.

Raleigh Premises Liability Statistics

Injuries occurring on the property of a person or business are the leading cause of hospitalizations in North Carolina. This is especially true for the older residents (65+) in our state. Residents ages 65 and older account for 88% of fall deaths and 73% of nonfatal hospitalizations due to accidental slips and falls. Although everyone is at risk when a property is not maintained and repaired to fix dangers, older adults, adults who live with chronic health conditions, and adults with disabilities are the greatest at risk of being injured in a premises liability accident.

Free Premises Liability Case Evaluation

If you or a loved one have been injured and want to know your legal rights, our experienced Raleigh premises liability lawyers are available to help.

Raleigh Premises Liability Cases We Handle

We can help with any premises liability claim, but the accidents listed below are the most common premises liability claims we handle in North Carolina:

• Slip and fall accidents

• Wet floor accidents

• Spilled products and cleaning accidents

• Fresh floor wax

• Snow, ice, and slush accidents

• Falling objects

• Tripping hazards

• Unmarked holes or pits

• Unmarked sidewalks, ramps, and curbs

• Poor lighting in parking garages

• Unmarked parking bumpers

• Uneven stairs injuries

• Injuries in an pool, lake, or at the beach

• Injuries in a retention or stormwater pond

• Broken glass and sharp foreign objects injuries

• Dangerous vacation rentals

• Elevators

• Escalators

Raleigh Premises Liability Lawyer Cost

For transparent, upfront pricing on what our trial attorneys charge to help you with your Raleigh premises liability case, please click below.

Raleigh Premises Liability Lawyer FAQs

• Do I Need a Personal Injury Lawyer?

• How Long Do I Have To File a Personal Injury Claim?

• What Should I Do After an Accident?

• Mistakes To Avoid Following an Accident

• What Damages Can I Recover After an Accident?

• Accidents Involving Children and Minors

• What If I Was Injured After Signing a Release or Waiver?

• What Should I Do If Someone Dies in an Accident?

• What Is Contributory Negligence?

• How Much Does a Personal Injury Lawyer Charge?

Areas Our Raleigh Premises
Liability Lawyers Serve:

• Raleigh

• Cary

• Durham

• Chapel Hill

• Sanford

• Clayton

• Pittsboro

• North Carolina

• South Carolina

The Best Raleigh Premises Liability Lawyers Will:

1. THOROUGHLY INVESTIGATE YOUR ACCIDENT

2. EXPLAIN YOUR OPTIONS

3. GUIDE YOU THROUGH THE CLAIMS PROCESS

4. NEGOTIATE WITH THE INSURANCE COMPANY

5. FILE A LAWSUIT IF NECESSARY

6. ABOVE ALL ELSE, FIGHT FOR YOU

Client Reviews for Our Raleigh Premises Liability Lawyers

• “His expertise puts me at ease that I can just focus on my husband's recovery and medical needs.”

• “Highly knowledgeable, advocated for me, and demonstrated integrity through his actions.”

• “These folks are absolutely honest and sympathetic. If I ever have a need for legal assistance again they are who I am calling”

• “Osborn Gambale Beckley & Budd PLLC is a model on how firms should operate”

• “Not only an excellent lawyer but a great human being”

Why Our Raleigh Premises Liability Lawyers Provide Free Consultations

Free legal consultations play a vital role in ensuring access to justice as well as promoting fairness, justice, and the well-being of accident victims. That’s why our award-winning Raleigh premises liability lawyers always provide free consultations for potential clients

Schedule a Free Consultation With Our Raleigh Premises
Liability Lawyers

Even if property owner blames you for the accident, our Raleigh premises liability attorneys can help you recover the maximum amount of compensation that you deserve for your damages.