If you are reading this, it is likely that you have experienced a traumatic event where negligent security was a contributing factor to your injury or harm. This can be a difficult and confusing time for anyone, and we understand the worry and frustration you may be feeling. You are likely unsure of what to do next, who is responsible, and how the legal system will handle your case. If you are dealing with a negligent security claim and have been concerned about the role of contributory negligence in your case, we are here to help. At our firm, we empathize with your situation and are dedicated to guiding you through the complexities of your legal journey. With a team focused on securing the best possible results, we can help you navigate this challenging process.
What is Contributory Negligence in North Carolina?
In North Carolina, one of the most significant factors that may affect your case is the legal concept of contributory negligence. Contributory negligence refers to situations where a person’s own actions or lack of caution contributed to the accident or injury they experienced. Under this doctrine, if the injured party is found to have been even slightly at fault for the incident that caused their injury, they may be barred from receiving compensation for their damages.
For example, if a person was injured on a property where there was negligent security but also took actions that contributed to their own injury—such as ignoring posted warnings or failing to exercise reasonable caution—the courts may decide that they share responsibility for the incident. In cases like this, even if the property owner or business failed to provide proper security measures, your potential recovery could be greatly reduced, or even eliminated altogether, due to your own actions.
How Does Contributory Negligence Affect Negligent Security Claims?
Negligent security claims arise when an individual is injured due to inadequate security measures at a property, such as insufficient lighting, broken locks, or a lack of security personnel. These claims are often brought against property owners or businesses that have failed to take reasonable steps to protect their guests, residents, or customers from foreseeable harm.
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However, in North Carolina, if you are pursuing a negligent security claim, contributory negligence may play a significant role in determining whether or not you can recover damages. Even if the property owner was negligent in providing proper security, if your own actions contributed to the harm you suffered, it could impact your ability to receive compensation.
For instance, if you were attacked while walking through a poorly lit parking lot and you were distracted by your phone, the defense may argue that your lack of attention contributed to the injury. The courts would then examine whether your actions were a substantial factor in the harm you suffered, and if so, your potential recovery could be affected by the contributory negligence rule. In North Carolina, even a small percentage of fault could prevent you from winning your case.
Michael was a pleasure to work with. He made sure all of my questions were answered in a timely manner. His compassion to help allowed me to receive excellence throughout my experience, i would highly recommend his expertise” - Anonymous Philips and McCrea Law firm provided excellent service to entire family and friends. There have been several situations that I/family /friends have depended on their legal service’s. On each occasion they have been professional, knowledgeable and dependable. Providing excellent representation and guidance under stressful situations. I would highly recommend their legal service." - Denise Simply great legal service. They were professional, easy to work with and thorough. I have been very pleased with their service and would highly recommend them to my friends and colleagues as exceptional Charlotte attorneys." - Logan Abrams 
The Burden of Proof in Contributory Negligence
When it comes to proving contributory negligence in North Carolina, the burden of proof typically lies with the party defending against the negligent security claim. In other words, the property owner or business will have to prove that your actions were a contributing factor to the injury. This can include presenting evidence such as surveillance footage, witness testimony, or your own statements about the events leading up to the incident.
As a plaintiff, your legal team will need to gather evidence to show that the property owner’s negligence was the primary cause of your injury, and that your actions did not contribute significantly to the harm. It is critical to have strong evidence on your side to minimize the chances of contributory negligence affecting the outcome of your case.
Can You Still Win a Negligent Security Claim in North Carolina?
While contributory negligence can certainly complicate a negligent security claim, it does not mean that you cannot win your case. It simply means that the case will need to be carefully built, with all evidence pointing to the defendant’s negligence as the primary cause of the injury. A skilled attorney can help you navigate these complexities and present the strongest case possible.
In some instances, contributory negligence might not be a factor at all, or it might only have a minor impact on the compensation you receive. For example, if the property owner’s failure to provide proper security measures was the primary cause of the injury, and your actions played little to no role in the harm you suffered, then your case could still be successful. Your legal team can help you present your side of the story in a way that emphasizes the defendant’s responsibility and minimizes any potential claims of contributory negligence.
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Why It’s Crucial to Work with an Attorney in a Negligent Security Case
Navigating the legal landscape of contributory negligence and negligent security claims can be incredibly challenging. This is especially true in a state like North Carolina, where the strict rules regarding contributory negligence can make or break a case. An attorney who understands the intricacies of North Carolina law can help you understand how contributory negligence might impact your case, and will fight to ensure that you are not unfairly penalized for actions that were not the primary cause of your injury.
An experienced attorney can also help you gather the right evidence, present your case effectively, and negotiate with the opposing party to seek a fair outcome. Even if you believe that your actions played a minor role in the accident, it’s crucial to have legal representation on your side to ensure that you are not unfairly blamed for the incident.
How Phillips & McCrea, PLLC Can Help You with Your Negligent Security Case
If you or someone you love has been injured due to negligent security, it’s important to understand your rights and the legal options available to you. We know that you may be feeling overwhelmed and uncertain about the road ahead, but with the right legal representation, you can work towards securing the compensation you deserve. At Phillips & McCrea, PLLC, we are committed to helping you navigate the complexities of your case, from understanding contributory negligence to pursuing a fair resolution.
Our experienced team of legal professionals can provide the guidance and support you need to pursue your negligent security claim with confidence. We understand how much your case means to you and will work tirelessly to ensure that your voice is heard, and your rights are protected.
If you’re ready to take the next step and seek justice for your injuries, contact Phillips & McCrea, PLLC today. Our team is here to help, and we’ll work with you every step of the way to secure a successful outcome for your case. Let us fight for the compensation you deserve, so you can focus on healing and moving forward.
To learn more about this subject click here: How Negligent Security Incidents Can Affect Business Owners in North Carolina