Personal Injury Lawyer North Carolina
Premises liability accidents causing personal injuries can happen anywhere. Whether the victim was at a business or on private property, if the accident happened because of negligence on the part of the owner, the victim can pursue damages. One of the most common types of premises liability accidents is slip-and-fall accidents.
The following is a brief overview of slip and fall cases. For more detailed information and assistance, call a North Carolina personal injury lawyer from Shapiro, Washburn & Sharp to find out how we can help.
How Serious Are Slip and Fall Accidents
While television and comics portray a person falling as a humorous event, i.e., someone slipping on a banana peel, the reality is that many victims of slip and fall sustain serious injuries. A person who falls down a stairway because of a broken stair could suffer a brain injury or fractured bones. According to the Centers for Disease Control and Prevention, about 20 percent of falls result in these types of serious or severe injuries. Even slip and fall accidents that do not result in the victim needing to be hospitalized can still result in injuries that cause the victim to have medical expenses, loss of income from being unable to work, pain and suffering, and more.
Who Is Negligent for a Slip and Fall Accident?
Determining liability is crucial for pursuing compensation when a slip and fall accident occurs. Multiple parties may be held responsible, depending on the circumstances of the incident and the property’s ownership, maintenance, and use. Identifying the liable parties often involves analyzing who had a duty to maintain the property and whether they failed to fulfill that duty, causing the hazardous condition.
Property Owner
Even though the property owner may not intentionally cause harm to the victim, if the incident could have been prevented, the owner may be deemed negligent for the accident and, therefore, liable for the losses the victim suffers because of their injuries. If the owner had the opportunity to address the hazard that caused the victim to fall, such as a loose handrail or burnt-out lighting in a common area, North Carolina law says they are negligent. If the owner was aware of the issue, their minimum responsibility is to put up a warning to make visitors to the property aware. An example would be a wet floor sign in a retail establishment because of spill cleanup.
Tenant
In some cases, the tenant or lessee of a property may bear liability. This is particularly common in commercial properties, such as stores, restaurants, or office buildings. A lease agreement often outlines the responsibilities of the tenant and property owner, including which party is responsible for maintenance and repairs. If the tenant has assumed control of the premises and neglects their duty to maintain safe conditions, they may be liable for accidents.
Property Management Company
Property managers or maintenance companies can also be held responsible. Many property owners hire third-party companies to manage and maintain their premises. If a property management firm or maintenance contractor fails to inspect, repair, or warn about hazardous conditions, they could share liability for a slip and fall accident.
Government Entity
In situations involving public spaces, government entities may be liable. Municipalities or other public agencies are responsible for maintaining sidewalks, parks, and other public areas. Claims against the government, however, are subject to specific procedural requirements and strict timelines.
Product Manufacturer
Product manufacturers may sometimes be liable if a slip and fall was caused by a defective product, such as a faulty handrail, poorly designed flooring, or malfunctioning cleaning equipment. If the defect contributed to the dangerous condition, product liability claims can be filed.
Contributory Negligence
Finally, the injured person’s own actions may influence liability. Some jurisdictions apply comparative negligence rules, which reduce the plaintiff’s recovery if they were partially at fault for their injury—such as ignoring warning signs or wearing inappropriate footwear. However, North Carolina follows the contributory negligence rule (also referred to as the “pure” or “all or nothing” rule). This means that if a victim is found to have any liability in the accident – no matter how low a percentage – they lose their right to pursue damages.
Have You Suffered a Slip and Fall?
Anyone involved in any slip or fall accident should see a doctor, even if they think their injuries are minor. It is not uncommon for symptoms to be delayed in these types of incidents. This is especially critical if the victim hits their head. They could have sustained a concussion, which could be serious and even fatal if not diagnosed and treated.
The next step is to contact Shapiro, Washburn & Sharp. We have 40 years of experience successfully establishing liability and obtaining maximum compensation for North Carolina residents who have been injured due to hazardous property conditions, like the $800,000 jury award we won for our client who sustained a broken pelvis at a rental property after he fell on a set of stairs that was not up to code.
Call our office today to schedule a free case evaluation. We serve clients in Nags Head, Kitty Hawk, and Kill Devil Hills.
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