At Mogy Law, we focus on helping people who have been injured in accidents. Our team of attorneys works to get you the compensation you deserve. We handle cases involving car accidents, slip and falls, and other personal injuries. We offer a 25% contingency fee, so you keep more of your settlement.
A slip and fall accident can cause serious injury, high medical bills, and time away from work. In North Carolina, victims have legal rights if a property owner’s carelessness caused the fall. Understanding how premises liability works can help you decide what to do next.
In this blog, we explain your rights after a slip and fall accident, cover common causes, outline what to do next, and show how working with an experienced Raleigh personal injury attorney can help you pursue full compensation.
Common Causes of Slip and Fall Accidents
Slip and fall accidents happen for many reasons. Property owners must identify and fix hazards that can lead to injury. Below are the most common causes that result in fall injuries across North Carolina.
Wet Floors and Slippery Surfaces
Wet floors are one of the most frequent causes of a slip and fall accident. Spills, mopping without warning signs, and tracked-in rainwater often create unsafe walking areas. A store owner or business owner must use clear signage or block access until the surface is dry. If a property owner fails to act, they may be held legally responsible.
Poor Lighting
Inadequate lighting increases the risk of fall accidents. Stairwells, parking lots, and hallways should be well lit. Poor visibility makes it harder for an injured person to spot obstacles or warning signs. When a fall incident occurs due to poor lighting, the injured party may have a premises liability claim.
Uneven or Damaged Walking Surfaces
Broken pavement, loose tiles, torn carpeting, and cracked sidewalks are hazardous. Fall accidents slip into serious injury when someone trips on uneven surfaces. Property owners must maintain walkways to prevent injuries like broken bones and nerve damage.
Obstacles and Clutter
Items left in walkways often cause people to trip and fall. Extension cords, merchandise, debris, or misplaced equipment create dangerous conditions. A property owner’s liability increases when they allow clutter to remain in areas where fall accidents occur.
Lack of Warning Signs
When a dangerous condition exists, the law requires clear warnings. If a business fails to post signs about wet floors or maintenance zones, it may be liable for any resulting fall injuries. Warning signs reduce risk and show the owner is taking reasonable steps to keep the property safe.
Weather Conditions
Ice, snow, and rain can lead to outdoor slip and fall accidents. Property owners should treat walkways and remove hazards as quickly as possible. If the injured party can show the property owner failed to respond in a reasonable time, they may file a slip and fall claim.
Understanding Premises Liability in North Carolina
Premises liability law explains when a property owner is legally responsible for a slip and fall accident on their property. In North Carolina, these cases follow strict rules.
What Is Premises Liability
Premises liability is a legal rule that holds a property owner responsible for unsafe conditions on their land or building. If a person suffers a serious injury due to a dangerous condition, they may file a premises liability claim. These claims cover slip and fall accidents that happen on private property, commercial spaces, and public areas.
Duties of Property Owners
Property owners must use reasonable care to keep their premises safe. This includes fixing hazards, cleaning up spills, and posting warning signs. If a property owner fails to correct a dangerous condition, and a fall incident occurs, they can be held liable.
Types of Property Owners
Different types of property owners have similar responsibilities. A store owner must protect customers from fall hazards in the aisles. A business owner must ensure workspaces and entryways are free from slip risks. Homeowners must keep walkways and stairs in safe condition. If an injured person falls on someone else’s property, they may have legal grounds to file a personal injury case.
The Role of Notice
To win a slip and fall claim, the injured party must show that the property owner knew or should have known about the hazard. This is called notice. For example, if a spill was present for hours and no one cleaned it, the property owner may be legally responsible. Proving fault often requires witness testimony, video footage, or accident scene photos.
Contributory Negligence in North Carolina
North Carolina uses a rule called contributory negligence. If the injured person is found even slightly at fault for the accident, they cannot recover compensation. This rule makes it important to work with a personal injury lawyer. A strong legal strategy is needed to show the fall was not caused by the victim’s own negligence.
What to Do After a Slip and Fall Accident
Taking the right steps after a slip and fall accident can protect your health and support your legal claim.
Seek Medical Attention Immediately
Your health comes first. See a doctor right away, even if you do not feel hurt. Some fall injuries like traumatic brain injuries or nerve damage do not show symptoms immediately. Medical treatment creates a record of your injuries, which is critical in a personal injury case.
Report the Incident
Tell the property owner, store manager, or business owner that the accident occurred. Ask for a written report. If possible, get a copy for your records. Reporting the fall incident right away can support your premises liability claim later.
Document the Accident Scene
Use your phone to take pictures of the accident scene. Include wet floors, torn carpeting, poor lighting, or any dangerous condition that caused the fall. Photograph your injuries, your clothes, and any warning signs or lack of them. This evidence helps your personal injury lawyer prove fault in a fall lawsuit.
Collect Witness Information
If anyone saw the fall incident, ask for their contact information. Witness testimony can confirm how the fall happened and support your slip and fall claim. Independent statements carry weight with insurance companies and in court.
Do Not Speak to the Insurance Company Alone
The insurance company may call you shortly after the accident. Do not give a recorded statement or accept a settlement without speaking to a personal injury attorney. Insurance companies work to protect their own costs, not your best interests.
Call a Personal Injury Lawyer
Contact a personal injury lawyer as soon as possible. An experienced fall attorney can guide you through the legal process and help you recover compensation for medical expenses, lost wages, and pain and suffering. Most injury attorneys offer a free consultation and work on a contingency fee basis.
Compensation in a Slip and Fall Lawsuit
A slip and fall accident can lead to major expenses and long-term harm. Victims may recover compensation through a personal injury case.
Medical Expenses
Medical treatment is often the largest cost after a fall. You may need care for broken bones, traumatic brain injuries, or nerve damage. Compensation can cover hospital bills, physical therapy, medication, and future medical care. Save all records and receipts to support your slip and fall claim.
Lost Wages and Lost Income
Fall injuries can keep you from working. A personal injury attorney can help recover lost income for time missed at work. If the injury affects your ability to earn in the future, you may also claim loss of earning capacity.
Pain and Suffering
Not all harm is physical. Many injured people deal with pain, emotional distress, and reduced quality of life. Courts often award damages for pain and suffering based on the severity and impact of the fall injuries.
Out-of-Pocket Costs
You may also be paid back for out-of-pocket expenses. This can include transportation to medical appointments, home care, or equipment like crutches. These costs are part of a full recovery in a personal injury case.
Punitive Damages
In rare fall cases, courts may award punitive damages. This happens when the property owner acted with reckless disregard for safety. Punitive damages are not common but may apply when a business owner ignores repeated safety complaints or serious hazards.
Contact an Experienced Raleigh Personal Injury Lawyer Today!
If you were injured in a slip and fall accident, you may be facing medical bills, lost wages, and uncertainty about what to do next. Our team at Mogy Law is here to help. We understand how serious fall injuries can be and the impact they have on your life.
Contact us at (901) 443-9133 for a free case consultation today!
