By Richard Munday, Attorney at law
Summer is one of the busiest times of year across North Carolina. Families gather for vacations, children spend more time outdoors, and businesses welcome increased customer traffic. While the season brings opportunities for recreation and economic activity, it also presents a range of safety concerns that can expose property owners and businesses to liability if accidents occur.
Understanding common summer hazards and taking reasonable steps to address them can help reduce the risk of injuries and legal disputes.
Premises Liability During the Summer Months
North Carolina property owners – both business and residential – have a responsibility to maintain reasonably safe conditions for visitors. When hazardous conditions exist and are not properly addressed, injuries can occur, potentially leading to premises liability claims.
The increased activity that comes with warmer weather often means more people using parking lots, sidewalks, outdoor seating areas, pools, and recreational facilities. As a result, property owners should be particularly vigilant about inspecting and maintaining their premises during the summer season.
Regular maintenance, prompt repairs, and clear warnings of known hazards can play an important role in preventing accidents and limiting liability exposure.
Swimming Pool Accidents
Swimming pools are a popular summer attraction, but they also present significant safety risks. Drownings, near-drownings, slip or trip and falls, defective pool equipment, and inadequate supervision can result in serious injury or death.
Property owners who maintain pools should ensure that fencing, gates, and safety equipment are in proper working order. Public facilities must also comply with applicable state and local regulations designed to protect visitors.
Even when a pool is located on private property, owners may face liability if dangerous conditions contribute to an injury.
Slip and Fall Hazards
Wet surfaces are among the most common causes of summer injuries. Pool decks, entryways, outdoor walkways, and patios can become slippery due to rain, water accumulation, or routine cleaning. Businesses should establish procedures for identifying and addressing hazardous conditions promptly. Warning signs should be used when necessary, and maintenance issues should be corrected as quickly as possible. A single fall can result in significant injuries, including fractures, head trauma, and other medical
complications that may lead to substantial claims for damages.
Recreational Activities and Property Risks
Many North Carolina residents enjoy outdoor recreational activities during the summer, including sports, playground use, boating, and community events. Property owners who provide recreational amenities should take reasonable steps to ensure those areas remain safe.
Damaged playground equipment, uneven walking surfaces, inadequate lighting, and poorly maintained recreational facilities can increase the likelihood of injury. Routine inspections and maintenance can help identify potential hazards before accidents occur.
If you own a boat (or operate a rented boat), know and follow the rules on the water and exercise caution. Remember that, just like operating a vehicle while impaired, boating while impaired is a crime in North Carolina. This even includes nonmotorized boats and jetskis.
Heat Related Safety Concerns
Extreme temperatures can create health risks for employees, customers, tenants, and guests. Heat exhaustion, dehydration, and heat stroke can develop quickly, particularly during outdoor events or work activities.
Businesses and organizations hosting outdoor gatherings should consider providing access to water, shaded areas, and emergency assistance when needed. Employers should also take reasonable precautions to protect workers who spend extended periods outdoors. Failing to address foreseeable heat related risks may increase the potential for liability when preventable injuries occur. The American Red Cross offers tips on extreme heat safety.
The Importance of Documentation
One of the most effective ways for businesses and property owners to protect themselves is through consistent documentation. Inspection records, maintenance logs, repair invoices, and incident reports can provide valuable evidence if questions arise regarding the condition of a property.
Documenting safety procedures and corrective actions demonstrates a commitment to maintaining safe premises and may be important if litigation occurs.
Understanding North Carolina’s Contributory Negligence Rule
North Carolina follows the doctrine of contributory negligence, a legal principle that can have a significant impact on personal injury claims. Under this rule, an injured person may be barred from recovering damages if they are found to have contributed to the accident, even to a small degree.
Because contributory negligence can affect the outcome of a case, both injured parties and property owners should seek legal guidance when an accident occurs and liability is disputed.
Summer activities create unique opportunities for both enjoyment and risk. Property owners and businesses that take a proactive approach to safety are often better positioned to prevent injuries and reduce liability exposure.
Regular inspections, prompt maintenance, clear communication of hazards, and compliance with applicable regulations can help create a safer environment for visitors, customers, and employees throughout the summer season.
When questions arise regarding liability after an accident, consulting with an experienced Brinkley Walser Stoner attorney can help individuals and businesses understand their rights and responsibilities under the law.