Information About North Carolina Slip & Fall Claims
Under North Carolina law, the owner or operator of a commercial or residential property can be held legally liable for monetary damages if a lawful visitor is injured due to a hazardous condition on the property. However, the owner or operator must have (1) known of the hazard, and (2) failed to take adequate steps to remove the hazard or warn of its existence. Even if the owner or operator did not have actual knowledge of the hazard, they can also be held responsible if they reasonably should have known of the hazard.
These rules regarding premises liability apply to so-called “slip and fall” cases. In North Carolina slip and fall cases, the injured person must prove that there was some dangerous condition that caused the slip and fall and that the owner of the premises knew or should have known of that condition and failed to take any action. In many cases, this can be difficult to do. Sometimes proving the owner or operator’s knowledge of the condition can only be accomplished through litigation. After filing a lawsuit, your attorney can use the “discovery” process. This allows your attorney to request documents, including internal investigation reports and witness statements, and to schedule depositions where here she can question witnesses under oath.
One particular problem with North Carolina slip and fall cases is that North Carolina still follows the antiquated contributory negligence rule. This rule provides that if you were in any way negligent, and that negligence contributed to your injuries, you are not entitled to any financial recovery. There are certain exceptions to this rule, and they should be discussed with an attorney. Notably, large retailers, grocery stores, and insurers many times will tell injury victims that contributory negligence is a bar to their claim, when, in fact, it may not be.
Slip and fall cases have the potential to cause serious injuries, including knee, shoulder, back, and head injuries. These injuries in turn can result in extensive medical bills, lost wages, disability, and intense pain. The Raleigh personal injury attorneys of Maginnis Law are experienced in handling slip and fall cases, and may be able to help you with your case. We offer free case of valuations and a contingency fee arrangement. To speak with one of our Raleigh slip and fall attorneys, please visit our contact page.