Collecting compensation after sustaining injuries from an accident that occurs on another person’s property may seem like a simple matter. Property owners have the responsibility to keep their land safe for visitors and may be liable for any accident that results in an injury. Unfortunately, premises liability claims in Cherokee County are far more complex. A thorough evaluation of your rights from a seasoned personal injury attorney includes examining whether you had permission to be on the land, your motivations for being there, and what steps the landowner took to prevent an injury.
A Cherokee County premises liability lawyer could help you pursue your legal rights following an accident. They could explain the state’s property laws, investigate the facts of the incident, and determine how the event has impacted your life to demand fair compensation.
How Do Premises Liability Cases Occur?
The most common type of premises liability case is a slip and fall. However, personal injuries may result from a landowner’s failure to keep their property in good repair in other ways. For instance, a visitor could break an arm after falling through a broken stair. Other common examples of a landowner’s failure to provide a safe environment include:
- Improper lighting in common areas or outdoor locations;
- A lack of proper security features that embolden attackers;
- Poor or non-existent fencing around swimming pools;
- Poorly maintained parking lots and sidewalks; and
- Inadequate or poorly trained security staff in bars or clubs that allow fights to occur.
In general, landowners must take all appropriate steps to protect guests who enter for the landowner’s benefit. A Cherokee County premises liability lawyer could perform a full investigation into the incident and protect an injured person’s legal rights.
Landowners Must Provide Protection to Guests
By law, landowners must keep their property safe for guests. However, this obligation is not the same for all guests. State law says that there are three classes of visitors: trespassers, licensees, and invitees. Trespassers are people who enter or remain on land without permission. Property owners must not cause intentional or wanton harm to trespassers – otherwise, they owe no duty of care to protect them from hazards.
Licensees are those who enter land for their own benefit, while not being explicitly invited. Much like trespassers, these visitors enjoy protection only against wanton or intentional harm. Invitees enjoy the greatest protection under the law because they enter for the benefit of the owner, such as customers at a store. Landowners must take reasonable and ordinary care to provide protection and prevent harm. This includes keeping floors clean and removing, or warning against, deficiencies that might cause harm.
A lawyer in Cherokee County who practices premises liability law could provide more information concerning a person’s rights as a visitor and evaluate a landowner’s actions to determine if negligence has occurred.
Call a Cherokee County Premises Liability Attorney Today
Every person who legally visits the property of another party should expect to be kept safe. If a party invites another person onto their land for the property owner’s benefit, that owner must take reasonable steps to prevent harm. This includes checking the land for temporary hazards, actively working to maintain the land, and providing proper security to prevent crime.
Incidents that involve a failure to meet this duty can give rise to premises liability claims. Do not allow a negligent landowner’s failure to keep you safe impact your future any more than it already has. Contact a Cherokee County premises liability lawyer today to discuss your case.