This post addresses the most common causes of slips, trips, and falls in the context of a North Carolina Personal injury case.
The Bishop Law Firm represents victims of slip, trip, and fall accidents in North Carolina, and we do not get paid unless you win your case (on a contingency fee basis).
Contact us at (919) 615-3095 or begin your free case review now.
Steps to Take After a Slip and Fall Accident
Please take photographs of the area around your slip and fall accident, specifically what you fell on and how it caused you to fall.
If anyone witnesses your fall, ask them for their name and phone number so they can provide a witness statement.
Report the fall to management or the property owner as soon as possible. Be sure to document the name of the person to whom you report your accident (a description of that person is also helpful).
Also, you should obtain a written statement about your report from the business.
If you leave the scene of a slip and fall incident without informing the property owners of your serious injuries, you will have a tough time proving a slip and fall case later.
You need photographs of your injuries, so take them as soon as possible.
Seek medical treatment after your fall immediately and tell your medical providers what happened to cause your fall accident.
North Carolina Slips, Trips & Falls - How do they happen?
Slips, trips, and falls can occur in any environment, on any surface, and under a multitude of circumstances. Most commonly, slips occur when floors or other walking surfaces become slick (slippery) due to wet or oily substances.
Trip and fall accidents occur most frequently where a floor or walking surface is uneven. For example, an injured person can fall into holes, stumble over depressions in the ground, or trip down uneven stairs.
A floor or walking surface can become hazardous due to the negligence of another person or the property owner, resulting in a slip, trip, or fall.
If the slip occurs in a grocery store aisle due to an oily substance left on the floor, a grocery store employee likely failed to clean up the spill promptly.
Slippery floors can be difficult to detect while you are pushing a cart or carrying items to checkout.
If a person falls into a hole while walking in the park, the park maintenance likely failed to properly post warnings to alert the victim of the hole's presence.
Unfortunately, parking lots, grocery and retail stores, and areas with poor lighting are common locations for slip and fall accidents that can result in serious injuries.
Types of Slip and Fall Injuries
According to the National Floor Safety Institute, falls account for over 8 million hospital emergency room visits, and slips account for more than 1 million emergency room visits.
One out of five falls causes serious injury, such as broken bones, and is the most common cause of traumatic brain injuries.
Also see North Carolina Traumatic Brain Injury Lawyer
In addition to head injuries, slip and fall accidents can result in hip fractures, broken limbs, spinal cord injuries, and even fatality.
Read North Carolina Spinal Cord Injury Attorney
If you have sustained a slip and fall injury on someone else's property, seek medical attention immediately.
If you wait to receive medical attention, you will have a harder time proving that the unsafe property conditions caused your injury.
In addition to physical injuries, a slip, trip, or fall can cause the injury victims emotional distress.
A slip and fall accident victim may become afraid of falling, which can lead to a reluctance to participate in daily activities and social isolation.
Finally, it is estimated that slip, trip, and fall injuries result in an average of 11 days of lost work time.
North Carolina Personal Injury Law
Have you been injured because of a North Carolina slip, trip, or fall that was not your fault?
If the property owner failed to make you (the lawful visitor) aware of the dangerous condition and that unsafe condition (negligence) was the cause of your fall injury, you may have a personal injury case (premises liability claim).
Fault Matters in North Carolina Slip and Fall Accidents
However, slips, trips, and falls can occur because of the negligence of the injured party.
If a person is staring at their cell phone and stumbles over a blatant object in their path, they will not be able to recover for their fall due to contributory negligence.
If a person is running in a store, ignores a "wet floor" sign, and subsequently slips, that person will not be able to be compensated because they also contributed to their injury.
A property owner has no duty to inform a lawful visitor of open and obvious dangers.
You must prove negligence on the part of the property owner to have a valid slip and fall claim.
Unfortunately, North Carolina is one of the few remaining states with contributory negligence.
If you get injured by the negligence of someone else, but your own negligence contributed to your injury, it is almost a total bar to recovery.
However, North Carolina law also has the Last Clear Chance Doctrine, which says even if your own negligence contributed to your injury, if the other party had the last clear chance of avoiding the accident, then you can still recover.
The Last Clear Chance Doctrine may help in a small minority of cases. Still, generally, the law of contributory negligence creates a harsh result for injury victims, and that is why most other states do not use contributory negligence laws, but instead are comparative negligence jurisdictions.
Slip and Fall Damages
If you are injured through no fault of your own, you can recover your medical expenses, lost wages, and the pain & suffering you have endured as a result of the accident and/or your physical injuries.
Unfortunately, there are other circumstances (even when an injured victim did nothing to contribute to their injury) when a victim cannot recover for their injury: when the at-fault party cannot be located; the owner of the premises does not have insurance coverage or assets to reimburse the victim or in specific injuries that occur on government owned property (governmental immunity).
However, a victim should never take the insurance company's denial as the law. An experienced personal injury attorney must thoroughly examine the circumstances of a slip and fall accident to determine if a victim is eligible to recover compensation.
To be compensated, a victim typically requires more than just medical evidence: medical treatment with accompanying medical bills, verification of lost wages from their employer, and possibly photos, among other supporting documentation.
In slip and fall cases, photographs and videos can illustrate to the adjuster (or the jury) how the unsafe condition caused your injury.
However, if you fell and were hurt at work, you may have a NC Workers' Compensation case instead of a NC Personal Injury case.
Workers' Compensation cases are governed by the North Carolina Industrial Commission (NCIC). If you were hurt at work, read NC Workers' Compensation Benefits.
Overview of an NC Personal Injury Case
You can settle your personal injury case at any stage of the process below up to the verdict. Some cases are settled during the claim stage, while other claims have to go all the way to trial for resolution.
Injury Stage
After sustaining an injury in a slip and fall accident, take photographs of the scene if possible, or have a friend do it.
Report the accident to the property owner (if possible) before seeking medical treatment.
Seek immediate medical treatment. Inform the medical provider about what happened to you and follow all of their medical advice.
Take photos of your injuries as soon as possible after the slip and fall, and then periodically as you heal. Read NC Personal Injury Medical Bills More Than Settlement
If you are missing work, document your missed time and inform your employer about why you are missing those days. Read Lost Wages and Earning Capacity
If you are having problems completing your daily tasks due to your fall injuries, be sure to keep a journal. Read Ways to Prove Pain and Suffering Damages
Claim Stage
After informing the property owner of your injury, they should provide you with their insurance information. If not, you will need to contact them to obtain that information so you can file a slip and fall claim with their insurance.
Please don't be surprised if the insurance adjuster requests a recorded statement or if you encounter resistance from the adjuster.
Unfortunately, insurance companies rarely want to pay claims. Read Recorded Statements.
If you have completed treatment, gather all relevant medical bills, records, proof of lost wages, photographs of your injuries and the scene, and other supporting documentation. Then, send a demand package to the adjuster.
If the adjuster makes you a fair offer, you are done with your claim.
Unfortunately, it is rarely that simple.
Personal Injury Lawsuit (Litigation Stage)
If the insurance adjuster refuses to offer full and fair compensation, litigation is an option. However, the decision to file a slip and fall lawsuit should be discussed with a North Carolina Slip and Fall Accident Lawyer.
Read North Carolina Personal Injury Lawsuit- Trials at Pre-Trial
North Carolina Slip and Fall Injury Attorney
A North Carolina Slip and Fall claim can be challenging to win. The insurance company may deny the property owner's negligence in maintaining their property, or that you, as the visitor, were negligent in not seeing and avoiding the "obvious" danger.
In addition, it can be difficult to find out who the insurance carrier is or who the property owners are without filing a slip and fall lawsuit (premises liability lawsuit).
An experienced slip and fall lawyer can help you understand, pursue, and maximize the compensation you may be entitled to receive from a premises liability case.
The Bishop Law Firm provides free case reviews for individuals who have sustained physical, mental, financial, and/or emotional injuries as a result of North Carolina slips, trips, and falls.
We represent victims in personal injury claims in Raleigh, Cary, Fayetteville, Durham, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids, Greensboro, Winston Salem, Greenville, and surrounding areas in North Carolina.
We do not get paid unless we win your case, and we offer free case reviews. Contact us today, (919) 615-3095!
We wish you or your loved one a speedy recovery.
Also read North Carolina Personal Injury Lawyer & NC Premise Liability Lawyer.
