Property owners have a legal duty to keep their premises reasonably safe. When they ignore a known hazard and someone is hurt, the injured person may be entitled to compensation. If you were injured on someone else’s property in Durham or anywhere in Durham County, the Durham premises liability attorneys at Portner & Shure can help. We have handled premises liability claims across North Carolina for more than 30 years.
What Is a Premises Liability Claim?
Premises liability covers injuries caused by a dangerous condition on someone else’s property, from a slip and fall to negligent security. A claim generally succeeds when a property owner knew, or through reasonable inspection should have known, about a hazard and failed to fix it or warn visitors about it.
A Property Owner’s Duty in North Carolina
North Carolina law changed the old rules for who is owed what. Since Nelson v. Freeland (1998), North Carolina no longer divides lawful visitors into “invitees” and “licensees.” Instead, a property owner owes a single duty of reasonable care to all lawful visitors, whether a paying customer or a social guest. Trespassers are still owed a more limited duty. This makes the central question in most cases simple to state: did the owner act reasonably under the circumstances?
Common Premises Liability Accidents Around Durham
Durham’s mix of older buildings, hospitals, and busy retail creates conditions where unrepaired hazards can injure visitors. The premises cases we see in the Durham area often involve:
- Slip-and-fall and trip-and-fall injuries from wet floors, ice, or uneven walkways
- Negligent security, including poor lighting and inadequate surveillance
- Falling merchandise or objects in stores and warehouses
- Swimming pool and stairway injuries
- Injuries from unrestrained or dangerous animals
Injuries and Damages
Falls and other premises accidents can cause broken bones, concussions and brain injuries, back and neck injuries, and spinal cord damage that require long recoveries. Depending on the facts, you may be able to pursue compensation for medical expenses, future medical care, lost wages and reduced earning capacity, and pain and suffering.
North Carolina’s Contributory Negligence Rule
North Carolina follows a strict contributory negligence rule. If the property owner can show you were even slightly at fault, for example by ignoring a posted warning, it can bar your recovery entirely. This is one of the harshest standards in the country, and it is exactly why owners and their insurers work so hard to shift blame onto the injured visitor. Careful investigation and a clear presentation of the facts are essential to protect your claim.
How Long Do I Have to File? North Carolina’s Statute of Limitations
In North Carolina, you generally have three years from the date of the injury to file a premises liability lawsuit (N.C. Gen. Stat. § 1-52). Evidence of a hazard, such as the spill or the broken step, is often fixed within days, so it is wise to speak with an attorney quickly. Claims in Durham County are generally pursued through the Durham County Courthouse.
How Our Durham Premises Liability Attorneys Can Help
Insurance companies routinely blame slip-and-fall victims for their own injuries and defend these claims aggressively. You should not face them alone. Our team moves quickly to preserve evidence, documents how the hazard came to exist, and pushes for fair compensation. We work on a contingency basis, which means there is no fee unless we recover for you.
We Can Help If English is Not Your First Language
Our firm serves a diverse community, and we have team members who speak Spanish and Korean. We can discuss your case in a language you are comfortable with so nothing is lost in translation.
Contact Our Durham Premises Liability Attorneys Today
If you were injured on unsafe property in Durham or anywhere in Durham County, contact Portner & Shure for a free consultation. There is no fee unless we recover compensation for you.
Other Injury Cases We Handle in Durham
- Durham Car Accident Lawyers
- Durham Truck Accident Lawyers
- Durham Motorcycle Accident Lawyers
- Durham Personal Injury Lawyers
- Durham Wrongful Death Lawyers
- Durham Pedestrian Accident Lawyers
- Durham Bicycle Accident Lawyers
- Durham Dog Bite Lawyers
- Durham Brain Injury Lawyers
- Durham Spinal Cord Injury Lawyers
- Durham Medical Malpractice Lawyers
- Durham Nursing Home Abuse Lawyers
- Durham Bus Accident Lawyers
