Slip and Fall Accidents in NC

What do I have to prove to have a case?

The crux of any premises liability case, whether it involves a slip and fall accident or another type, is that the property owner was negligent in how they inspected, repaired or maintained the grounds.

The elements are the same of those in any other personal injury case, meaning that you must show that the property owner owed those on the property a certain duty or standard of care; that they breached that level of care; that this breach caused your injuries; and that you were in fact injured by that breach.

Property owners in North Carolina have a duty to ensure that their property is safe for guests, visitors and the public. Negligence in slip and fall cases can take the form of a property owner failing to post warnings about hazardous conditions (i.e. posting a “wet floor” sign), neglecting to inspect the property regularly, failing to act on reported dangerous conditions, and failing to provide appropriate supervision and management for the property.

I was injured on someone else’s property, but…what if I was in an area where I wasn’t supposed to be?

A significant issue in many slip and fall cases can be that of contributory negligence. Unlike almost every other

Unlike almost every other state, North Carolina still follows this harsh doctrine, which states that if you are even just one percent responsible for whatever caused your injury, you cannot recover anything in a personal injury suit. Meanwhile, if the same situation had occurred next door in South Carolina, you would only be subject to the comparative negligence doctrine, which holds that you can still recover if you are partially at fault—just only in the percentage for which you were not responsible.

For example, say you were in a hurry one night and ducked under the caution tape wrapped around an exposed pothole in your Charlotte apartment complex as a shortcut back to your place, tripped and broke your ankle. You probably would not be able to recover damages from complex management in that scenario. This is opposed to a comparative negligence state, where your fault in the accident would be calculated (say, 70 percent) so you could recover the remainder in damages (30 percent in this example).

Of course, not every situation is as cut and dried as the one above, and it takes an individualized evaluation of your specific situation to know what claims and case strategies you have available. If you or a loved one has been injured in a slip and fall accident on someone else’s property, consult with a personal injury attorney to protect your rights as soon as possible. You have three years from the date of injury to file a claim, but important evidence needs to be gathered soon after the event that may otherwise be lost.