Under certain circumstances, North Carolina law allows someone who is injured on another person’s property due to negligence to recover compensation from the property owner. There are certain things that the injury victim must show before he or she is entitled to compensation and there are defenses available to the defendant that may prevent the owner from being held liable. If you were injured due to an unsafe property, North Carolina premises liability lawyer Jason Burton is available to help you understand whether you may be owed compensation for your injuries.
The North Carolina Court of Appeal recently handed down a decision in a dispute brought by a person who was injured in someone’s home. The plaintiff was attending a party at the defendant’s house. The guests were located in the patio area. The plaintiff walked across the patio to sit down near the guests. The plaintiff sat down in a chair that was located next to a step that led to a lower patio area. The step was roughly six and one-half inches down. After a while, the plaintiff stood up from her seat and attempted to walk away when she fell nearly immediately. The plaintiff landed on her wrist and required surgery to address the injury.
According to her complaint, the plaintiff stated that the defendant was negligent by failing to mark the step that led to the lower patio area. Both patio surfaces were the same color, which made it difficult to ascertain that there was a height difference, the complaint alleged. The plaintiff also asserted that the homeowner had indicated that he had considered painting the step another color and constructing a railing.