Winston Salem Premises Liability Attorney
If you or a loved one has been injured in an accident on someone else's property, you may be entitled to compensation. Property owners have a legal responsibility to keep their premises in a reasonably safe condition, and when they fail to do so, victims can suffer preventable injuries.
At Comerford Chilson & Moser, we represent victims and families in a range of premises liability cases. We can review the facts surrounding your accident and discuss your options for recovery of damages. Call (336) 568-8779.
What Is Premises Liability?
Premises liability means the liability that the owner of a property has whether that is a person or entity when it comes to injuries that occur on said property. These injuries may be the result of negligence on the part of the property owner or entity. He or she may then be held responsible for damages incurred by the injured party.
Examples of this person or entity are:
- A landlord or private homeowner
- A condo owner or HOA (homeowners association)
- A property management company
- A bar, restaurant, or supermarket
- The owner of a place of business or building
In the State of North Carolina, any property owner has the legal duty to exercise reasonable care to see to it that their premises are maintained.
This means that if there is a particular hazard or they are negligent in caring for their property to ensure that it is safe for others to use, any persons injured on their property may be able to hold the property owner liable for damages.
Determining Who’s at Fault in a Premises Liability Case
In premises liability law, property owners are typically held liable for injuries that occur on their land. This is based on the principle that property owners should take reasonable steps to ensure that their land is safe for visitors.
There are several factors that are considered in determining whether a property owner is liable for an injury, including:
- The location of the property and whether it is considered private or public
- Whether or not it could be assumed they knew someone would enter the property
- The exact nature of the hazard or unsafe condition
- Whether or not the property owner had become aware of the hazard or unsafe condition in the past
- How difficult it was for the property owner to protect against this type of injury
- How likely it was for the unsafe condition to cause injury
What Compensation Can I Recover from a Premises Liability Case?
There are many different types of negligence that can lead to a premises liability accident.
Some of the most common include:
- Negligence in cleaning up spills or hazardous conditions
- Negligence in maintaining floors, stairs, and other walking surfaces
- Negligence in providing safe access to the premises
- Negligence in providing adequate security
- Negligence in maintaining proper lighting
Under such circumstances, there are a variety of different types of compensation that plaintiffs can recover in premises liability actions.
These may include:
- Economic damages: This includes medical expenses, lost income and earnings, and other financial losses.
- Non-economic damages: This includes pain and suffering, disability or disfigurement, and other losses that are not easily quantified.
- Punitive damages: In some cases, plaintiffs may be able to recover punitive damages from the defendant. This is a type of damage award that is intended to punish the defendant for particularly egregious conduct.
Our Team Approach Adds Value
Commercial Vehicle Wreck Resulting in Death
Why Choose Comerford, Chilson & Moser?
The three partners at Comerford, Chilson, & Moser have a combined experience of nearly a century and have handled every type of case. We are willing to go to trial if necessary to get the best results for our clients. We have a reputation among other attorneys and insurance adjusters for being fierce litigators. And in addition, insurance companies know we have the resources needed to follow through on a case, including the ability to film depositions, if necessary.
We keep our caseload small even though we receive countless referrals from other attorneys. This is because we have a focus on catastrophic injury cases, and we want each client to receive the attention they so deserve. This contrasts with firms that are a "mill" where cases are churned through without personal attention being given to each client. For all these reasons, our firm is the premier choice for anyone with a premises liability case that could involve catastrophic injury.
Our Reputation Speaks For Itself
"During our first meeting, he assured me that he would take this anxiety and responsibility from me. Emotionally, I felt a deep sense of relief that stayed with me during the months he was working for me."- Roberta T.