The Law Offices of John M. McCabe, P.A.
Free Initial Consultations
Toll Free: 877-320-1851 | Phone: 919-899-9852
Call Us Now

Duty of care in car accidents and premises liability cases

Negligence is the legal theory that forms the basis for most personal injury lawsuits. Put simply, the theory means people have a duty to others to exercise reasonable care so as to avoid the risk of hurting someone else in a foreseeable accident. If they breach that duty by acting carelessly, and someone else is hurt as a result, the injured may hold the careless person liable for their damages.

When we apply this theory to a car accident case, we see that every driver has a duty of reasonable care to avoid injury to others on the road. When they look at a smartphone instead of at the road ahead of them, they are breaching that duty. If they cause an accident because of this breach, they can be held liable for the damages they caused.

This issue of duty also applies in personal injury cases involving premises liability, such as those based on slip-and-falls and other types of accidents that occur on another person's property. Under North Carolina law, property owners owe a duty of reasonable care to all legal visitors to avoid the risk of a foreseeable accident. If they breach this duty, and a legal visitor is injured as a result, the owner can be held liable for damages. (Property owners are held to a lower standard of care when it comes to their duty toward trespassers.)

A typical premises liability case involves a person who is injured after slipping and falling on a spill or other safety hazard at a store. One of the key questions in these cases is whether the store owners breached their duty of care by not repairing the hazard in a timely manner. If the court finds they did, and that this breach caused the accident, it may find the owners liable for the injured person's damages.

No Comments

Leave a comment
Comment Information

Here's what other attorneys are saying...

"John is a great lawyer who works super hard for his clients. The results he obtains for his clients are phenomenal." - Brian Davis

Read More
Book

John McCabe wrote "The Investigation and Analysis of Personal Injury Cases" in the best-selling book Personal Injury Practice in North Carolina. This is the book that other lawyers follow in handling personal injury cases.

  • Rated by | Super Lawyers | John M. McCabe | SuperLawyers.com
  • Avvo Rating 10.0 superb | Top Attorney Personal Injury
  • National Association of distinguished counsel | Nation's Top one percent 2017 | NADC
  • The Verdict Club | VC | Premier Trial Lawyers
  • Best Law Firms in North Carolina 2018
  • Nations's Premier | Top Ten Attorney Personal Injury | NAOPIA
  • 2014 | Litigator Awards | Ranked Top 1% of Lawyers
  • Best Lawyers | Best LAw Firms | 2019

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response

Office Location

The Law Offices of John M. McCabe, P.A.
1130 Kildaire Farm Road
Suite 230
Cary, NC 27511

Toll Free: 877-320-1851
Phone: 919-899-9852
Fax: 919-833-3371
Cary Law Office Map