General Litigation

“Premises liability” claims arise when an injured party makes a claim against an owner or occupier of real property. Rooted in negligence, premises liability claims often allege a defective or unsafe condition in a building or on a piece of land. One example would be “slip and fall” injuries due to a wet floor or uneven surface. Another scenario might be the failure to provide security services resulting in injury from a criminal act.

Liability of the landowner/occupier depends upon the status of the person on the property. Invited guests, such as retail shop customers, have more protections than a trespasser. From the landowner perspective, North Carolina is unique in providing a “contributory negligence” defense.

In North Carolina, if an injured party bears any responsibility for their own injuries, the doctrine of “contributory negligence” prohibits any recovery. In a “contributory negligence” defense setting, ignoring a “wet floor” sign or purposely descending down an obviously rotten staircase could preclude recovery.

Yes, premises liability claims are recognized under North Carolina law. It’s important to note that the standard changes depending on if a person is allowed or invited onto the property. If the injured party is on the property lawfully, the owner needs to act with reasonable care. That can be as simple as posting a “wet floor” sign once you’re aware of a spill and taking steps to monitor the property.

For uninvited guests, the standard is much stricter. If someone trespasses on your property, they cannot hold a property owner liable for a premises liability claim unless they can prove the owner deliberately harmed them. Owners are not required to use reasonable care in those cases.

Professional liability is often referred to as “malpractice.” It mainly pertains to the content of your work and the potential damage that negligence can cause. For instance, if an architect is negligent in their drawings, and the resulting building is riddled with structural problems, the architect could be at fault. The risks vary from industry to industry.

General liability is a more generic term often referring to instances of physical damage and bodily injury. If a person is hurt on your watch, general liability could be at play.

“First Party” claims are claims made by an insured person (or company) against their own insurance carrier for failing to make payment on a claim. Rooted more in contract law, “first-party” claims carry extra-contractual damages potential when the carrier refuses to pay a legitimate claim in “bad faith.” A finding of “bad faith” refusal to make payment of a claim can result in treble (triple) damages as well as attorney fees.