One moment, you’re going about your day. Next, you’re hurt because someone didn’t take care of their property. We’ve seen how quickly things change when unsafe conditions cause injuries.
At Naomi Ellis Law, we stand by injured individuals across North Carolina. As your Durham premises liability lawyer, we help you pursue the compensation you need to move forward.
Premises liability refers to a legal concept where property owners can be held responsible if someone is injured due to unsafe conditions on their premises. Property owners are generally expected to keep their spaces reasonably safe for guests and visitors. Whether it’s a business, apartment complex, or private home, the owner or manager may be accountable if their negligence causes harm.
Premises liability can take many forms, depending on the situation and location. Some involve obvious hazards, while others are less visible until it’s too late. Here is a non-exclusive list of the types of premises liability cases we frequently handle:
Wet floors, unsecured mats, broken handrails, or poor lighting can all lead to falls. Property owners who fail to address hazards can be liable for resulting injuries, especially when they knew or should have known about the condition.
Assaults and robberies in poorly secured areas, such as parking lots or apartment buildings, may lead to liability claims. When owners ignore obvious risks or fail to provide adequate lighting, locks, or patrols, their inaction can create dangerous environments.
When dog owners don’t control their animals, they may be held accountable if the dog bites or attacks a guest or passerby. This applies even more so if the dog has a known history of aggression.
Pools must be fenced appropriately, covered, and maintained. When they’re not, the risk of drowning or injury increases. This is especially important where children are present.
Poor property maintenance is often at the heart of a premises liability claim. Some of the most common hazards we see in Durham include:
Each of these can cause serious harm, from concussions to spinal injuries. A property owner’s failure to fix or warn about these risks may give you grounds for legal action.
One of the most important factors in any premises liability case in North Carolina is contributory negligence. This legal doctrine means that if the injured person is found to have contributed in any way to the incident, even slightly, they may be barred from recovering compensation. It’s a strict rule, and property owners or insurers often rely on it to reduce or deny claims.
Let’s say someone slips on a wet grocery store floor. If there’s evidence that the person was distracted, wearing unsafe footwear, or ignored visible warning signs, the defense may argue that their own actions led to the fall. Even if the property owner failed to clean up the spill, the claim could still be at risk.
According to North Carolina General Statutes § 1-139, the party asserting contributory negligence has the burden of proving the defense.
That’s why it helps to have a Durham premises liability lawyer who understands how contributory negligence works. Things like posted warnings, what the visitor did, and how the property owner responded can all influence what happens next.
Attorney Naomi Ellis is a dedicated personal injury lawyer known for her tenacity, compassion, and client-first approach. After moving from Australia to the U.S. as a student-athlete, she earned her law degree with honors and gained valuable experience at top firms before founding Ellis Law. Naomi is committed to helping injured individuals reclaim their lives through skilled, personalized legal representation.
Under North Carolina law, liability can extend beyond the property owner. Anyone in lawful possession of land may be responsible. This includes tenants, property managers, and even third-party contractors. According to NCGS § 38B, a possessor refers to a person in lawful possession of land, whether an owner, lessee, or another lawful occupant.
In many cases, multiple parties may share responsibility. For example, a retail store leasing space in a shopping plaza may be liable for a customer’s fall, but the property management company might also be partially at fault for structural defects.
When you bring a premises liability claim, the compensation you can seek goes beyond just your immediate medical bills. Depending on your situation, you may be entitled to recover:
In cases where a loved one died due to unsafe conditions, you may also be eligible for wrongful death damages. Each case is different, and having a Durham premises liability lawyer review the details can make a huge difference in how your claim moves forward.
What happens in the moments and days after an accident can significantly affect your legal options. Here’s what we recommend:
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Keeping these steps in mind can support your claim, help your Durham premises liability lawyer present the facts clearly, and focus on what’s most important to your case.
When a property owner’s carelessness leads to harm, you shouldn’t be left dealing with the consequences on your own. At Naomi Ellis Law, we help people across Durham hold negligent parties accountable.
Whether it was a store fall, a neighborhood dog attack, or an injury in a parking garage, our team is ready to listen. Call today at 919.444.4180 to schedule a consultation with a Durham premises liability lawyer who understands what you’re going through and how to help you take the next step.
Client Reviews
1 year ago
I don’t know where to start with this being my second time involved in a car accident, both were no fault accidents. Along comes the Law Office of Naomi Ellis. I didn’t know anyone here, being that I just moved from another state, trying to cope with lossess, & just trying to start a new life here in North Carolina. Naomi’s professionalism was so heart felt, & she made sure I was taken care of from beginning to end. She has the personality that will have you hugging her through the phone. I’m so blessed not only to have survive both accidents which she represented, but to have met an amazing individual that will go the back for you. Thank you so much Naomi Ellis Law PLLC. I would not have been able to do this on my own mentally, & physically if it wasn’t for you.
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Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
Naomi is an excellent attorney. She is attentive, knowledgeable and compassionate. She went above and beyond, handling aspects I didn’t even know I needed. It’s nice to feel cared for in a situation that is otherwise setup for the opposite.
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