If you have been injured in a fall accident due to the negligence of another on their property, read on for how a Slip and Fall Attorney in Raleigh, NC can help you.
In a slip and fall (premises liability) case, the injured party can receive financial compensation for medical bills, lost wages and pain & suffering. If your accident occurred while you were working, you likely have a NC Workers’ Compensation claim instead of a premises liability claim.
First, it should be noted that property owners generally do not owe a duty to trespassers who are injured on their property, but 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.
But property owners do have a duty to not 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 .”
Simply slipping and falling on another’s premises as a visitor will not automatically create a personal injury claim. The property owner must be negligent and that negligence must result in injury to the plaintiff.
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 great 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.
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 danger on their property and discourage fall accidents. But when a property owner does not make us aware of dangers and the dangers themselves are not apparent, this may make the property owner liable for injuries sustained on their property.
For example, while visiting an department store, a shopper is walking down an aisle with no warning signs, which unbeknownst to him/her, is covered with a slippery clear cleaning fluid that was dropped by a store employee stocking shelves. 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.
Do you need a personal injury lawyer for your Raleigh slip and fall case? Premises liability cases can be difficult to prove and win because the law requires that their must be negligence AND the negligence be the direct cause of the injury. In addition, the compensation you are entitled to can be difficult to obtain because insurance companies dispute liability. As you can tell from the above, having a slip and fall claim against a property owner is very fact specific and something that you should discuss with a Slip and Fall Attorney in Raleigh, NC .
The Bishop Law Firm offers free case evaluations and we are paid on a contingency fee basis (we do not get paid unless we win). Call us today for a free case evaluation, (919) 615-3095.