Trespasser Killed on Private Property in Rutherford: North Carolina Premises Liability Law
Posted on Apr 02, 2013
Who is responsible for a trespasser's injuries in North Carolina? Very early on Easter morning, an accident in Rutherford County involving two trespassers took the life of a young man.
The accident took place hours before many people in North Carolina woke up to hunt for Easter eggs, open baskets, or head off to Sunday services for the holiday. Around 5AM Daniel Yount and Dawn Bradley broke into an auto shop to steal auto parts from cars present on the site. Using the equipment available on the property, they jacked up a car so that Yount could remove the catalytic converter. While working on the vehicle, the jack slipped. The car fell on top of Yount and he did not survive the injuries.
Premises liability in North Carolina does address trespassers: A trespasser is defined as a person who enters property without the right or permission to do so. Property owners in North Carolina usually hold no responsibility for injuries incurred on their property by adult trespassers, like Yount and Bradley who were both over the age of 18.
There are exceptions to North Carolina premises liability law! Trespassers may still be able to receive compensation. This may hinge on whether the property owner had or should have had knowledge of the trespasser's presence.
Every state has different regulations when it comes to premises liability. In North Carolina, premises liability recognizes only trespassers and invitees. If you were not invited to the property (businesses who are open during operating hours are 'inviting' customers), then you are a trespasser.
If you are concerned about injuries you have sustained on someone else's property, contact the personal injury lawyers in Raleigh with Brent Adams & Associates. Helping victims of slip-and-fall accidents, product liability, car accidents, and more, our injury lawyers can explain how North Carolina premises liability law affects your case.