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Despite being the second smallest county in North Carolina in terms of area, New Hanover County is among the most highly populated with over 202,000 residents. The county seat is Wilmington, which is home to the largest facility for the production of movie and television located outside of California, as well as the World Headquarters of Pharmaceutical Product Development, and the Wilmington International Airport (ILM). The county has several popular beach communities, including Carolina Beach, Kure Beach, and Wrightsville Beach.
The county has benefited from the ability to attract leading health care providers. It maintains one of the lowest obesity rates and highest rates for physical activity in the state. In addition, the county has a variety of parks and superb air quality.
The coastal communities attract vacationers from across the country, many of them staying at rental properties near the ocean. In recent years, there have been a number of deck collapses at these properties. The majority of these accidents are the result of failures in maintenance, inspection, and repair of the structures. In response to this trend, the Town of Emerald Isle has implemented an annual inspection requirement for decks, but most other coastal counties and municipalities have not done so.
The region is known for attracting boaters and fisherman to its waters. According to the most recent North Carolina Wildlife Resources report, there are 367,225 registered boats across the state, and last year, there were 147 accidents and 22 fatalities resulting from boating. Approximately 14 accidents were reported within New Hanover County. The state’s guidelines are outlined in the North Carolina Boating Safety Education Act. The state’s laws regarding liability for boating accidents are very similar to the laws regarding motor vehicles, with safety being paramount.
A property owner or controller has a responsibility to maintain reasonably safe conditions on their property. This is an area of law known as premises liability. If an injury occurs on a property that results from a dangerous condition, the property owner may face a civil claim from the injured party. In some situations, a landlord who does not reside on a property may still face possible claims that result from hazardous conditions. In general, premises liability protection does not apply to trespassers.
Some of the common types of premises liability accidents include the following:
Generally, for cases of personal injury, the state recognizes a three-year statute of limitations. Those pursing a civil claim for injuries such as vehicle accidents and cases of premises liability must do so within the three-year time allowed. In cases of wrongful death, the statute of limitations is only two years from the date of death; however, some exceptions may apply under special circumstances.
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