Slip and Fall Injuries: Premises Liability

Slip and fall accidents are part of a line of cases known as premises liability cases. These cases are rarely as simple as they seem to be. Factors such as contributory negligence, comparative negligence, and insurance can all affect the nature of these cases.

A serious slip and fall will likely result in a very serious injury. Individuals who fall may suffer from injuries to the brain, broken bones, internal bleeding, or even paralysis. These types of injuries will greatly affect the quality of a victim’s life and their ability to be employed. These injuries may also carry a large financial burden. Medical care and treatment may cost up to hundreds of thousands of dollars. Without the ability to work, the financial stress surrounding the situation can be extremely difficult to deal with.

At Arnold & Smith, PLLC, our attorneys can help these victims receive the compensation to which they are entitled. By establishing negligence on the part of the property owner, our experienced personal injury attorneys can build your case and advocate on your behalf. We know that property owners have the duty and legal responsibility to make sure that their premises are suitable and safe. If a property owner has not made certain that their premises is free from potential hazards, then we can seek to ensure that they are held liable for their negligence.

Our experienced attorneys will examine your case and try to establish that the property owner did not provide sufficient repairs or warnings about the conditions. Furthermore, in some cases, our attorneys will prove that the property owner knew or should have known about the dangerous conditions and still did not take the necessary steps to correct the condition. Our attorneys will fight to recover compensation for your pain and suffering, medical bills, lost income, and any decreased quality of life that you are suffering from.

Factors that may influence slip and fall cases include:

  • Slippery floor surfaces
  • Exposed holes
  • Torn or ripped carpets
  • Insufficient lighting
  • Ice or snow
  • Standing water
  • Lack of warning signs posted
  • Uneven walkways
  • Damaged or poorly maintained floors
Premises Liability Cases

Premises liability cases can be closely related to slip and fall cases and normally involve personal injuries that occur on someone else’s property. The theory of liability in these cases is normally associated with a failure by the owner to provide a safe and secure property for their guests. Here, it is important to show that a property owner was negligent by not curing hazards or providing adequate security.

In North Carolina, there is no strict liability for premises liability cases. Instead, you must prove that a property owner knew or should have known of the hazardous condition. Additionally, you may claim that a property owner did not take reasonable or adequate steps to cure the defect. In these cases, you must prove that the property owner’s negligence directly caused your injury.

Types of premises liability cases include:

  • Drowning in unsafe pools
  • Dog bite cases
  • Criminal assaults
  • Construction site injuries
  • Inadequate security or lighting
  • Falling objects
Contributory v. Comparative Negligence

North Carolina state law follows the doctrine of contributory negligence for personal injury cases. As a result, if an individual is negligent in any way for their own injuries, then they cannot recover from other negligent parties. In slip and fall or other premises liability cases, it is very important that you consult with an attorney who can argue that you were not negligent.

In South Carolina, the state law is significantly different. South Carolina follows a comparative negligence approach, which means that if the injured party is at fault for a certain percentage of their own injury then the other party can only be forced to pay a proportionate amount of damages.

Contact Arnold & Smith, PLLC

If you believe that you need assistance filing a claim for slip and fall, it is important that you consult with one of our attorneys immediately. We will provide you with the personal attention and guidance that you deserve. We understand the difficulty that can surround a slip and fall injury and we are committed to fighting for your rights throughout the entire process. Contact Arnold & Smith, PLCC today and let us help you recover the compensation that you deserve.

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