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Slip and Fall
Qualified Slip and Fall Accidents Lawyer Serving Raleigh, North Carolina
Many slips and falls happen from the negligence or inattention of a property owner or management. A spill that went uncleared or unnoticed, the absence of a sign warning of slick conditions, the failure to replace ripped carpeting or fix damaged steps, and other problems offer legitimate dangers to unwary visitors.
If you were injured in a slip and fall accident, you might be dealing with more than minor scrapes and bruises. Contact our skilled Raleigh slip and fall accidents lawyer without delay to learn about your entitlement to compensation. We have years of expertise representing accident victims throughout North Carolina.
Our legal team will meet with you for a no-obligation, no-cost evaluation of your case to answer your questions and discuss your next actions. Contact us immediately to begin.
Why Do You Need a Slip and Fall Accidents Lawyer in North Carolina?
Slip and fall accidents may be your responsibility if you are careless, but they may also result from someone else’s irresponsibility. The most prevalent cause of traumatic brain injury is a fall.
If you were injured after falling on the property of a company or house, you might consider contacting our skilled slip and fall accidents lawyer to defend your legal rights. Why do you need us for your slip and fall case?
We Can Establish Liability
The primary reason you want our assistance in your slip and fall injury lawsuit is to establish liability. One of the main challenges in this sort of personal injury lawsuit is establishing you were not at fault for the incident but that the owner of the home or property was irresponsible.
We can distinguish between you stumbling due to your negligence and a property owner who knew it was pouring and that their floors were slick but did not take the necessary safeguards. We are familiar with these situations and understand how to establish culpability.
We Can Compile Evidence and Interview Witnesses
In addition to establishing liability, we will collect additional evidence. We will visit the accident location to gather photographs and interview several witnesses. We will connect with witnesses of the occurrence. Our competent Raleigh slip and fall accidents lawyer can also discover individuals who have had issues with this property in the past.
This is helpful if we identify someone who recently had a slip and fall case on the same site. It demonstrates that the corporation or property owner was aware of the issue and risk, yet took no action. This evidence will be then presented to the court to help win your case.
We Can Manage the Opposing Lawyers and Courts
Our knowledgeable slip and fall accidents lawyer can communicate with opposing counsel in certain circumstances. You might participate in mediation, in which the defendant’s counsel tries to reach a settlement that benefits both sides. You will not be required to speak during mediation, trials, or other court-related proceedings.
In addition to assisting you with filing claims, appeals, and settlements, we will also handle the mentioned tasks. If the matter proceeds to trial, we will provide evidence and help you establish that you are not responsible for the plaintiff’s injuries.
Regardless of the severity of your injuries, it is in your best interest to consult with us at Diener Law about your legal rights in a slip and fall accident.
What is the North Carolina Premises Liability Law?
“Premises liability” refers to the obligation of a property owner or management to ensure safe premises for guests. This implies that the North Carolina tort law protects anybody who is lawfully on the property, such as an invited visitor, employee, customer, renter, or someone in a public space such as a park.
However, the law often does not protect trespassers or unauthorized people on a property. A property owner or management owes a legal visitor a duty of reasonable care to prevent needless exposure to a hazardous situation or to warn of its presence.
What Are the Most Common Causes of Slip and Fall Accidents in North Carolina?
Among the most common causes of slip and fall incidents are:
- Splashes of liquid or water
- Splattered food
- Slippery surfaces
- Muck or rotting leaves
- Recently cleaned or waxed flooring
- Carpets and mats that are torn or lose
- Shattered hardwood or tile flooring
- Dimmed lights
- Uneven pavement or walkways
- Missing or broken stairways or railings
- Unmarked stairs
- Absence of cautionary or warning symbols
- Frost and snow
What Are the Typical Places Where Slip and Fall Accidents Might Happen?
The following sites are among the most prevalent for slips, trips, and falls:
- Sidewalks and paths leading to property entrances are hazardous due to cracks, gaps, or uneven sidewalk slabs
- If there are cracks or potholes in the pavement or insufficient lighting, making it difficult to see in parking lots or garages.
- Pavements that have worn or rounded steps, uneven flooring, loose or absent railings, or unsecured carpets
- Escalators and elevators that are not well-maintained might stop or start abruptly, causing passengers to stumble or fall.
- Unmarked slippery floors, accumulated trash on pathways, and uncleaned spills in restaurants, supermarkets, and other retail establishments
- Sites such as construction zones where employees might slip and fall owing to loose or damp floors, dangerous ladders, and unstable railings are examples of hazardous work environments.
What are the Common Injuries Following a Slip and Fall Accident?
Unless you or someone you know has suffered a catastrophic slip and fall injury, you may not believe that slip and fall injuries may be severe. That is an incorrect belief – slip and fall injuries can range in severity from mild to lethal. Examples of slip-and fall-related injuries include the following:
- Fractures, especially broken hips
- Spinal cord damage
- Brain and head traumas
- Muscle or tendon strain
- Wrist or ankle sprains or breaks
What are the Steps to Do After a Slip and Fall Accident in North Carolina?
Obtain Medical Care
Visit a doctor, hospital, or urgent care center if you’ve been hurt, or even if you’re unsure. Occasionally, the signs of an injury do not manifest immediately. This might occur if you’ve experienced whiplash or a concussion, which could happen after a slip and fall.
If your symptoms do not develop for a few days or weeks, it will be more problematic to prove that they resulted from the event. You should inform your doctor about the fall and how it occurred so that it gets documented in your medical record.
Collect Evidence On Site
Take photographs or videos of any conditions that may have contributed to your fall if possible. Some possible photographic evidence is if the sidewalk was broken or uneven, or if there were impediments that you failed to detect. A picture speaks louder than words. Photos should feature many perspectives of the walkway and its surroundings.
Be careful to picture any particular defects, such as a fracture, debris, or other evident cause of your fall. Take photographs of your shoes and clothing to prove you were not wearing anything that may have caused you to trip.
Collect the Contact Information of Witnesses
If someone witnessed your fall in a public location, obtain their name, phone number, and email address. Ask whether there were security cameras inside or outside a store or company that may have filmed your accident. Do this promptly, since surveillance film is frequently removed if the owner is unaware of a purpose to maintain it.
Determine the Property’s Ownership or Management
Premises liability is the field of law that concerns negligent property upkeep that results in injury. Note the exact location of your fall, especially if it occurred on a sidewalk, so you can determine who is responsible for maintaining the area’s safety.
Contact Our Local Lawyer
Premises liability can be tricky, particularly when a slip and fall is involved. If you or a loved one were gravely hurt and need assistance paying medical expenses, it’s time to visit our skilled Raleigh slip and fall accidents lawyer who can explain your legal rights and alternatives in detail.
How Can You Determine Whether You Have a Slip and Fall Claim?
The best approach to assess if you have a slip and fall claim is to see our knowledgeable slip and fall accidents lawyer. Diener Law’s legal staff has years of experience managing personal injury matters and can examine your case. To prove a slip and fall case, you must be able to demonstrate the following:
- There was a hazardous situation on the premises or property.
- The property owner or management was aware or should have been aware of the condition.
- They did not remedy the situation.
- The hazardous circumstance caused your injuries.
After discussing your accident with you and acquiring basic case information, we will explain your best legal alternatives. If you retain our services, we will use every ounce of our effort to ensure that you obtain just compensation for your injuries and other losses.
What are the Elements of a Slip and Fall Accident Claim in North Carolina?
To successfully file a premises liability claim for a slip and fall injury, you must demonstrate:
- The property owner owed you a duty of care since you were an authorized guest on the property.
- There was a hazardous situation.
- The property owner knew or should have known about the dangerous state and the possible risk of injury.
- The property owner did not take reasonable measures to remedy or warn of the situation.
- You sustained an injury due to a hazardous circumstance.
- Your injuries cost you money through medical expenses, missed earnings, and other compensable losses.
What Factors Constitute Negligence in a Slip and Fall Lawsuit?
The owner of a property might argue that the plaintiff should not be awarded damages because:
- You’re not paying attention because they were texting, using a cell phone, or were otherwise distracted.
- Ignored warnings of hazardous conditions.
- Were unlawfully on the premises (i.e., they were in a restricted area or a location where they were not authorized).
- You’re wearing shoes or clothing considered dangerous, inappropriate, inherently hazardous, or slippery.
These and other defenses make it challenging to acquire damages for a slip and fall accident in a North Carolina personal injury lawsuit. If you are considering pursuing such a lawsuit, you must talk with our experienced Raleigh slip and fall accidents lawyer.
To demonstrate that you were not at blame in a slip and fall lawsuit, you must establish that your fall was caused solely by the property owner’s negligence and not by your actions. First, you must confirm:
- The property owner failed to take the required safeguards to prevent guests from approaching a potentially unsafe place where a person may slip and fall.
- You must also demonstrate that you were not just negligent.
To establish the first point, you must demonstrate that the property owner breached his “duty of care.” This indicates that he was aware of the risky state but did nothing to rectify it or warn people. You must demonstrate that the hazard existed for a significant period, i.e., long enough that the owner should have been aware.
One must also examine a scenario where a property owner is aware of an accident and retrospectively addresses a hazardous location by adding warning signs or removing the hazard. You may be confronted by a dishonest property owner who asserts that the place was “safe” at the time of your accident and that you failed to behave with reasonable regard for your safety.
To show the second argument, you must demonstrate that you were not just thoughtless. Use the above list to ensure you cannot be held accountable for carelessness or neglect.
Can the North Carolina Contributory Negligence Law Affect Your Slip and Fall Case?
In North Carolina, victims of slip and fall accidents frequently must fight the state’s contributory negligence law. The law prohibits a victim from claiming compensation for losses if they contributed in any way to triggering the accident or their injuries.
Therefore, if the evidence demonstrates that you are even one percent responsible for the accident or your injuries, you cannot file a compensation claim. This can be crucial in slip and fall lawsuits in which the property owner may allege that you failed to exercise reasonable care when walking across a danger or that your apparel or footwear contributed to the accident.
Our knowledgeable Raleigh slip and fall accidents lawyer understands how insurance companies and property owners attempt to shift blame to victims. We shall vigorously oppose any claims that you are partially at fault.
What are the Types of Recoverable Damages From a Slip and Fall Injury?
Damages in a lawsuit for personal injury fall into two basic categories: economic and non-economic.
Economic or Monetary Damages
Economic damages are those with a monetary value for the plaintiff. In other words, any costs you incur resulting from the accident to restore your property, body, or finances should be compensable. Economic damages may consist of:
- Hospital stays, doctor visits, diagnostic tests, and prescription drugs are examples of medical care
- Therapies and aids such as a wheelchair, ramp, or walker
- Lost wages or earnings in the future
Non-Economic or Non-Monetary Damages
Generally, non-economic damages are for pain and suffering. There is no monetary value for physical suffering, but these and other life changes may cause emotional misery:
- Incapacity to engage in activities or pastimes that you loved before the accident
- Not being able to care for your children
- Lack of sleep caused by bodily discomfort
- Experiencing a loss of partnership
What are the Different Ways to Prevent a Slip Fall Accident?
Slips and falls are among the primary causes of annual accident injuries. In addition to creating legal responsibility and financial uncertainties, these incidents threaten public health. Due to the physical and financial hazards associated with slip and fall incidents, it is crucial to take every precaution to prevent falls.
If you were injured in a slip and fall accident, you will want to consult with our experienced slip and fall accidents lawyer to ensure you receive the compensation necessary for a full recovery. Here are many methods for preventing slip and fall incidents.
Maintain Standard Maintenance Needs
Over time, your property will require regular care. Your pathways, curbs, and sidewalks may settle and develop cracks. Seasonal changes can cause wear and tear to your buildings. Remove roots, pebbles, weeds, and even small branches from your walkways and curbs. The correction of structural defects helps prevent slip and fall incidents.
Utilize Carpets and Gripping Materials on Slick Surfaces
Carpets and grippers may do wonders for slick surfaces. Rugs and mats are ideal for entryways and other areas where people frequently change direction. Carpets enable individuals to brush off their feet to eliminate trash, wetness, or mud before entering your establishment.
Grippers may significantly enhance stair traction. Railings are also advantageous. Ensure that carpets are firmly attached to the floor. Periodically inspect grippers to ensure that they do not peel or tear.
Mark Handicap Entrances and Exits Clearly
Accessible entrances and exits are essential for ensuring that all guests may visit your property securely. However, a handicapped entry is ineffective if people cannot locate it. Ensure that entrances and exits for people with disabilities are marked clearly. Also, ensure that your handicap entrances conform with all applicable legislation and that individuals who require their usage may do so without difficulty.
Illuminate the Premises
Illumination may make a substantial impact in preventing slip and fall incidents. Both inside and outdoors require enough lighting. Perform routine checks to replace burned-out bulbs and address other issues. Not only may inspecting your property help you prevent slips and falls, but it can also help you avoid legal culpability if one possibly occurs.
Employ Good Housekeeping Procedures
It is necessary to maintain your home daily. Daily housekeeping habits might assist in avoiding slips and falls. Even the presence of a paper towel on the floor in the restroom or uncollected tissue might result in a slip and fall.
Establish processes for your property’s routine cleaning. Ensure that surfaces such as tile, wood, and linoleum are well-cleaned so that oil and water do not pose an issue. When people do business or utilize the property for various purposes, it is usual for spills and debris to accumulate. You can prevent a slip and fall disaster by completing basic housekeeping to clear up daily messes that can occur.
Protect Electrical Wires and Cords
Today’s reliance on technology has made it usual for a workstation to contain several connections and wires. There may be one wire for the office phone, another for the Internet, and a third for your home phone. When these wires and cables become entangled in chairs or when a person trips over them, they might cause a slip and fall.
Cords and wires can be secured to the walls. You may even run them through walls to reduce their slip and fall risk. Cords and cables that are bound can prevent a slip and fall accident.
Avoid Placing Obstacles in Walking Areas
Assess where you place objects on your property to prevent slipping and falling. Do not place file cabinets in a narrow corridor. Refrain from positioning a person’s workplace wherein their chair blocks a passageway. Taking the time to organize your layout carefully will assist in avoiding slips and falls.
Demand That People Be Safe
Establish procedures for staff and visitors that promote safety. Do not permit the use of sunglasses in dimly lit areas. Always require everyone to wear shoes and a shirt. Ensure that your staff and visitors do not leave potentially hazardous personal items such as handbags and duffel bags on the floor. A small amount of common sense may go a long way in reducing slip and fall accidents.
Observe Changing Weather Conditions With Caution
Modifications are a must when the weather changes. If rain is accumulating near an entry, guide the guest to a different door instead. If there is wind, you may need to pick up branches and extra debris off paths. Staying watchful regardless of the weather conditions might help you prevent an accident.
Take Corrective Action When a Slip and Fall Occurs
Examine the scene and consider why a slip and fall accident occurred if one occurs. Even if there was nothing you could have done to prevent the accident, you might wish to make modifications to prevent future incidents. You might also want to include cautionary signage. You might need to make design or structural modifications to prevent a recurrence.
What is the Statute of Limitations for Filing a Slip and Fall Accident Claim in North Carolina?
In North Carolina, the statute of limitations typically allows just three years from the date of a slip and fall accident to initiate a case against a property owner or other responsible person. If you wait too long to take action, you risk the court permanently dismissing your case.
Do not put off preparing your slip and fall case until the last minute. Preparing a legal claim needs an extensive examination of the accident, collaboration with accident reconstruction specialists, and documentation of your losses and expenditures.
A Raleigh slip and fall accidents lawyer at Diener Law may immediately begin working on your case to ensure you do not miss crucial deadlines.
How Can Our Skilled Raleigh Slip and Fall Accidents Lawyer Help?
If you suspect you may be entitled to financial compensation for injuries sustained on someone else’s property, our skilled Raleigh slip and fall accidents lawyer may assist you by:
- Recovering and preserving evidence, such as accident site photographs, security footage of the fall, accident or incident reports, and witness statements
- Employing accident reconstruction and engineering specialists as needed to assist in preparing steadfast arguments for your case
- Providing evidence of the losses you have sustained as a result of your injury
- We will negotiate aggressively for a fair and complete settlement on your behalf
- If litigation is your best choice for collecting the money you need and deserve, you should file a lawsuit
Contact Us Today for a Free Consultation About Your Slip and Fall Injury!
The statute of limitations for filing a case to obtain compensation for slip and fall-related damages is governed by North Carolina law. In most situations involving premises liability, you must file a lawsuit within three years of the accident or lose your right to claim compensation.
After a fall, the sooner you get legal counsel, the better. With time, evidence may get lost, and recollections may fade. Our legal staff at Diener Law is always prepared to investigate your case as soon as you contact us. Do not delay in taking action. Safeguard your future today.
Get in touch with us to schedule a consultation with our professional Raleigh slip and fall accidents lawyer today for free.