If you or a loved one has been injured in a fall accident due to the negligence of another on their property, read on for how a Greensboro Slip and Fall Lawyer can help you.
The Bishop Law Firm represents slip and fall accident victims in Greensboro and the surrounding areas. We offer free case reviews, and we do not get paid unless you win.
Greensboro Slip and Fall - First Steps
After being injured, please report your fall to the business or property owner (if possible), seek medical attention immediately, and have a companion or witness take photos of the accident scene and your physical injuries.
Informing the business or property owner of your injury is key to later recovery. Be sure to write down who you spoke with, a description of the person, and the time you spoke.
Sustaining an injury and leaving the property without informing anyone will cause problems later.
Seeking medical treatment immediately after your fall and informing the medical provider about the cause of your injury is also imperative.
Photos are essential to slip and fall accident cases as they demonstrate how the property owner's negligence caused your injury.
Do not expect the property owner to help you prove that they were negligent.
North Carolina Slip and Fall Law
Negligence is required
Property owners have a legal duty not to be negligent and cause harm to visitors.
Negligence is defined as a person’s failure to follow a duty of conduct imposed by law. The law requires every owner/person in possession to use ordinary care to keep the premises in a reasonably safe condition for lawful visitors who use them in a reasonable and ordinary manner.
This duty is expanded when it comes to minors and “ attractive nuisances .”
But, simply slipping and falling on another’s premises as a visitor will not automatically create a personal injury claim.
The property owner's negligence must result in injury to the plaintiff.
If your accident occurred while you were working, you likely have a Greensboro Workers' Compensation claim instead of a premises liability claim.
Also read Greensboro Workers' Compensation Lawyer.
In a slip and fall (premises liability) case, the injured party can receive financial compensation for medical bills, lost wages, pain & suffering, as well as punitive damages (in certain circumstances).
There are, unfortunately, times when a victim cannot recover under North Carolina Law: while trespassing, and if they are contributorily negligent.
Trespassing
First, property owners generally do not owe a duty to trespassers who are injured on their property. Still, a property owner must not willfully act and intentionally cause the injury/ wrongful death of the trespasser.
In simple terms, trespassing will more than likely stop you from having a slip and fall personal injury claim against a property owner due to your own contributory negligence.
Contributory Negligence
Under North Carolina law, if the victim contributed to their injury (even 1%), they are not allowed to recover under a personal injury claim.
For example, if you are walking up stairs that are not well-maintained and you trip on a nail or other defect and fall and break your foot, the owner may be liable for your fall injuries.
Conversely, if you are walking up stairs that are not well-maintained, but you trip on your own foot and fall, there is a strong likelihood that you do not have a personal injury case against the owner.
The key here is that the property owner’s negligence, whether in constructing or maintaining the property, must directly cause the injury.
Also see: Greensboro Wrongful Death Attorney.
Warning Signs
We have all seen yellow warning signs in stores telling us “wet floor” or “use caution.”
These signs are how property owners inform us of potential dangers on their property and help prevent falls.
But when a property owner does not make us aware of dangers and the dangers themselves are not apparent (hidden danger), this may make the property owner liable for severe injuries sustained on their property.
However, property owners do not have a duty to warn a visitor of a danger that they would have seen if they had looked.
Also, the property owner does not have a duty if their warnings to the visitor go unheeded.
Example of Slip and Fall Scenario
For example, while visiting a department store, a shopper is walking down an aisle with no warning signs, unaware that it is covered with a slippery, clear cleaning fluid that was dropped by a store employee stocking shelves over an hour ago.
The shopper slips and falls, breaking their wrist.
The shopper may have a personal injury claim against the store because the property owner/occupant in possession had a duty to inform the visitor of the danger (which they did not), the danger was not apparent (difficult to see as the liquid was clear), and the negligence was a direct cause of the shopper’s broken wrist.
Alternatively, if a visitor ignores all warnings and slips on a puddle, the business owner is generally not responsible.
The facts of each case must be thoroughly analyzed to determine if a personal injury claim can be pursued.
Greensboro, NC Slip and Fall Attorney
Do you need a Greensboro personal injury lawyer for your slip and fall case?
Premises liability cases can be challenging to prove and win because the law requires that there must be negligence AND the negligence be the direct cause of the injury.
In addition, the compensation you are entitled to can be challenging to obtain when the negligent property owner's (at-fault party) insurance company disputes liability, which happens often.
Slips and Falls can result in serious injuries, including traumatic brain injuries and broken bones.
Compensation for current medical expenses and future medical treatment should be sought if warranted.
To recover full compensation, litigation is often necessary.
Dealing with an insurance company can be difficult, but the choice to litigate should definitely be discussed with a Greensboro Personal Injury Attorney.
As you can tell from the above, having a slip and fall claim against a negligent property owner is very fact-specific and something that you should discuss with a Greensboro Personal Injury Lawyer.
The Bishop Law Firm offers free case reviews, and we are paid on a contingency fee basis (we do not get paid unless we win).
Our practice areas include car, construction, and motorcycle accidents in which someone else's negligence caused a victim's injury.
Call us today for a free case evaluation, (919) 615-3095, or start online now.
Also read North Carolina Slip and Fall Lawyer and Greensboro Personal Injury Lawyer.
