Susan is out for a walk in Freedom Park, enjoying the sunny afternoon. As she crosses the famous bridge with all the lovers’ locks, she trips over uneven paving and falls, fracturing her ankle. At the same time, Zach visits a friend’s house in Dilworth for a small get-together. As he walks through the front door, he slips on a patch of wet flooring that was left untreated after the rain. He suffers a painful fall that leaves him with a spinal cord injury.
These two situations, though similar, have different liability rules because one happened on public property while the other occurred in a private home. Understanding these distinctions can help you figure out your rights and what steps to take if you’ve been hurt. In this blog, we’ll explore how liability works in both settings, what factors influence your legal options, and how you might pursue a personal injury claim.
What is Premises Liability?
Premises liability refers to the legal responsibility a property owner has to ensure that their property is safe for visitors. Whether the property is public or private, owners have a duty of care to keep their premises free from hazards that could cause injuries. In North Carolina, this duty is well-established under state law. According to North Carolina General Statutes Chapter 1-52, a property owner can be held liable for accidents and injuries caused by unsafe conditions on their premises, provided the injured party can prove that the owner’s failure to maintain the property led to the harm.
The key aspect of premises liability is whether the property owner took reasonable steps to prevent injuries. In North Carolina, property owners must act to correct dangerous conditions when they know or should reasonably know about them. For example, if a spill occurs in a retail store, the owner must either clean it up or put up a warning sign until it can be addressed. Similarly, if a sidewalk in a public park becomes cracked and uneven, the government entity responsible for that property has an obligation to repair it in a reasonable amount of time.
If someone gets injured because a residential or commercial property owner did not take these necessary precautions, the owner might be held responsible under premises liability laws. However, as we’ll discuss, the rules differ when it comes to public versus private property, and there are additional factors like government immunity and visitor status that can impact your case.
Liability on Private Property
Private property owners (such as homeowners, business owners, or landlords) have a legal duty to make sure their property is safe for visitors. However, this duty is not absolute; it’s based on the idea of “reasonable care.” As we explained earlier, they are expected to keep their property in good condition by addressing potential dangers, like fixing broken steps or removing snow and ice from walkways, as soon as they know the hazard exists.
Types of Visitors on Private Property
The level of care a property owner owes depends on the type of visitor. There are two types of visitors:
- Invitees: These people are invited onto the property for business or social purposes. Common examples include customers coming into a store to shop or someone attending a party at a friend’s house. Property owners owe invitees the highest level of care, which means regularly inspecting the property for hazards and fixing any problems promptly.
- Trespassers: Trespassers are people who enter the property without permission. Property owners don’t generally owe trespassers the same level of care, except in specific situations. For instance, if they know that children might trespass to check out their backyard pool, they may need to take steps to protect them from harm, such as erecting a fence and keeping the gate locked.
The visitor category you fall into will influence whether you can make a premises liability claim and how successful it might be. For example, an invitee is more likely to have a valid claim if they are injured due to the property owner’s negligence compared to a trespasser.
Examples of Injuries on Private Property
Private property owners are responsible for ensuring that their premises are safe for visitors. However, accidents can still happen if property owners fail to maintain or inspect their property adequately. Below are some common types of injuries that can occur on private property.
- Slips, Trips, and Falls: Slips, trips, and falls are some of the most common types of injuries that happen on private property. These accidents can occur due to a variety of hazardous conditions, including uneven flooring, wet surfaces, and items left in walkways or aisles.
- Dog Bites or Attacks: Dog owners have a responsibility to prevent their pets from causing harm to others. If a dog attacks or bites someone, the owner could be held liable for the injury. This type of injury is common in private residential settings, where a dog might be allowed to roam freely in the yard or even inside the home.
- Injuries Caused by Malfunctioning Equipment: Malfunctioning equipment is another common cause of injuries on private property. Property owners have a duty to ensure that all equipment on their premises, whether it’s in a commercial setting or private home, is in good working order and doesn’t pose a risk to visitors.
- Injuries from Poor Lighting or Broken Steps: Insufficient lighting can make it difficult for people to see hazards, leading to trips and falls, while steps that are cracked, loose, or uneven can lead to serious injuries if they are not repaired in a timely manner.
Liability on Public Property
Public property is owned or controlled by government entities, such as cities, states, or the federal government. Public spaces include parks, government buildings, roads, and sidewalks. When you’re injured on public property, like Susan was, the process for seeking fair compensation is different from private property cases.
Government Immunity
A key difference in liability on public property is the concept of government immunity. Governmental entities, whether local, state, or federal, often have legal protections that make it more difficult to sue them. This is known as “sovereign immunity.” However, many governments have waived this immunity in certain situations, allowing people to make claims if they’re injured due to government negligence.
In many places, there are strict rules for filing legal claims against government agencies. In North Carolina, the deadline for filing a notice of claim against a municipality or public authority is 90 days from the date of the injury. This contrasts with accidents on private property, where the statute of limitations gives you three years to file your claim.
Standard of Care on Public Property
Like private property owners, government entities are expected to keep their property safe for those who access it. However, they may not be held to the same standards. Governments might have fewer resources to maintain public spaces, so they might not be expected to address hazards as quickly as private property owners would be. This lower expectation can make it harder to hold government entities accountable for injuries that occur in public spaces.
Examples of Injuries on Public Property
Public property injuries often occur in spaces that are owned or maintained by government entities, such as parks, sidewalks, and public buildings. Government agencies, like local municipalities or state departments, are responsible for ensuring that public spaces are safe for visitors. However, accidents can still happen when these entities fail to properly maintain or inspect public areas. Here are some common types of injuries that can occur on public property:
- Falls on Uneven Sidewalks or Curbs: Falls caused by uneven sidewalks or curbs account for a high percentage of injuries on public property. These hazards, which include gaps, potholes, cracked sidewalks, and uneven curbs, can occur due to wear and tear over time or a failure to repair damage promptly.
- Accidents Caused by Poorly Maintained Roads or Intersections: Government agencies, such as city or state transportation departments, are responsible for ensuring that roads and intersections are safe for all drivers and pedestrians. However, accidents can happen when these areas are not properly maintained or repaired.
- Injuries from Broken Equipment in Public Parks: Public parks are meant to be safe recreational spaces for families, children, and individuals. However, injuries can occur when equipment in these spaces, such as park benches, swings, slides, and sports fixtures, is not properly maintained or repaired.
- Injuries Due to Poor Lighting in Public Spaces: Insufficient lighting in public spaces can make it difficult for people to see hazards, leading to slips, trips, and falls. Government agencies are expected to ensure that public spaces are well-lit to prevent accidents, particularly in high-traffic areas such as parking lots, sidewalks, and parks.
These are just a few examples of how injuries can occur on public property due to poor maintenance or unsafe conditions. The government entities responsible for these public spaces are expected to keep them safe for visitors, and they may be held accountable for injuries if they fail to take the necessary precautions. If you’ve been injured on public property, it’s important to consult with a premises liability lawyer who knows how to pursue claims against government entities.
What to Do if You’re Injured on Public or Private Property
If you’ve been injured on either public or private property, there are several steps you can take to protect your health, preserve your legal rights, and gather the necessary evidence to support your claim.
- Always Seek Medical Attention for Your Injuries First: The most important priority after any injury is your health, so seek medical help immediately. Even if you feel that the injury isn’t severe, some injuries may worsen over time or become more apparent later, such as concussions, soft tissue injuries, or internal injuries. Getting a medical evaluation will ensure that you receive the proper treatment and care.
- Report the Incident: It’s important to report your injury to the relevant parties as soon as possible to create a record of the event. On private property, notify the property owner, manager, or someone in charge of the premises. If you are injured on public property (such as a public park or sidewalk), report the incident to the appropriate government agency responsible for maintaining the property.
- Document the Scene: Gathering evidence at the time of the incident will help support your claim and provide a clearer picture of what caused your injury. Use your phone or a camera to take detailed photos of the accident scene and the hazard that caused your injury. Whether it’s a wet floor, a broken step, damaged playground equipment, poor lighting, or an uneven sidewalk, make sure to capture clear images of the dangerous conditions.
- Contact an Experienced Attorney: After seeking medical care and documenting the scene, the next step is to secure legal representation. An experienced lawyer can help you understand your legal rights, advise you on the best course of action, and represent you throughout the claims process.
Get a Free Consultation From a North Carolina Personal Injury Attorney
No matter where your injury occurred, you may still have options to seek financial compensation for medical bills, lost wages, and other losses. However, the steps you need to take depend on whether the injury happened on public or private property.
At Edwards Injury Law, we’re ready to help if you’ve been injured due to someone else’s negligence. We gather evidence to show who is responsible, manage all communication with insurance companies, government agencies, and other involved parties, and work to secure maximum compensation for medical expenses, lost wages, pain and suffering, and other losses. To schedule your free initial consultation with a personal injury lawyer, contact our law office today.