Whether you slipped on a wet floor in a gas station or tripped over misplaced items in a retail store, if you have suffered an injury at a place of business you may have a premises liability case, and our North Carolina premises liability lawyer is here to help you. We will investigate your case and help you prove negligence on the part of the at-fault party in pursuit of the compensation that you deserve.
Attorney Chris Layton became a lawyer to help people who would otherwise be taken advantage of, and he is prepared to help defend your rights and pursue compensation and recovery after a premises liability accident.. As a North Carolina resident for over 20 years, and with over a decade of legal experience, he is dedicated to serving members of the North Carolina community with all of their legal needs. To discuss your case with our team and find out how we can assist you, contact The Layton Law Firm today to schedule your free consultation.
Establishing Negligence
Establishing negligence is a crucial part of your premises liability case. Our North Carolina premises liability lawyer will investigate your accident in order to prove that the property owner is liable for your injuries and losses. In establishing a case for negligence in an injury sustained at a place of business, the question commonly turns to the condition of the property and whether the owner was negligent in the maintenance of the property. Some facts that may be taken into consideration are whether a wet floor sign was present, how long the condition existed prior to the slip and fall, or whether the owner knew or should have known about the condition. Quite often, an injured party can establish that the condition existed numerous times on the property in the past and the owner did nothing to remedy it. In this case, negligence can be established.
Depending upon the duty owed to the injured by the property owner, establishing negligence requires different proof. The duty a landowner owes a guest, for instance, is different from the duty a landowner owes a trespasser. The same would be true for the duty owed by a restaurant owner to a patron. Our team will take all factors into consideration as we work to prove negligence in your case.
Additionally, North Carolina is a contributory negligence state, which means that if you are found to be partially at fault for your injuries, you may not be able to recover compensation from the defendant/property owner. Our team will fight back against any unfair claims of contributory negligence in order to protect your rights and interests.
Four-Prong Negligence Test
In any premises liability case, multiple elements must be proven to establish negligence. Our North Carolina premises liability lawyer will use the four-prong negligence test to prove that the at-fault party is liable for your injuries. In proving negligence, the following must be established:
- The defendant owed a duty of care to the injured party
- There was a breach of the duty of care
- The plaintiff’s injuries were the foreseeable consequence of the defendant’s negligence
- The injuries and losses that the plaintiff suffered were a result of the incident
Contact Our North Carolina Premises Liability Lawyer Today
If you have any questions about an injury you sustained on property owned and operated by another person, please call our premises liability lawyer today at 704.749.7747. We are here to protect your rights and your interests. Contact the Layton Law Firm today to begin your path to recovery after an accident.