Best Slip and Fall Accident Lawyer for Serious Injuries in North Carolina

What appears as a simple slip and fall accident can lead to permanent injury, medical expenses that mount for years, lost wages and continued pain from a moment of carelessness. These accidents occur daily in North Carolina in areas where individuals should feel safest.

If you have been hurt in a slip and fall accident, it is essential to know your rights. In North Carolina, there are very specific regulations regarding slip and fall accidents and making a single mistake in this process can eliminate your right to pursue a claim against another party.

Our experienced attorneys at Tatum & Atkinson Law Firm will assist you through the process of pursuing a claim for your slip and fall accident cases; identifying which parties may be held accountable for your injury, explaining your next steps, and the importance of seeking the assistance of our slip and fall accident lawyers for your case.

Whether you are unsure if you have a viable case for your slip and fall accident, consulting our North Carolina slip and fall accident lawyer at our slip and fall law firm is the first step in protecting your rights and understanding your available options before the statute of limitations expires.

What Is a Slip and Fall Accident?

When you lose your footing and fall due to a hazardous condition created by another party’s property, you have been involved in a slip and fall accident. Slip and fall accidents occur when a property owner fails to correct or remove a hazard on the property that causes a visitor to slip, trip, or lose balance.

Many slip and fall accidents are governed by a legal theory known as “premises liability.” This theory places responsibility upon property owners to maintain a safe environment for all visitors to that property. Claims based on premises liability are forms of personal injury law and apply regardless of the type of property visited, i.e., businesses, homes, public spaces and work sites.

Slip and fall accidents are not always the result of clumsy behavior or bad luck. Most slip and fall accidents are the direct result of:

• Neglecting to properly maintain the property
• Neglecting to clean or repair hazardous conditions
• Neglecting to provide a proper warning of hazardous conditions
• Neglecting the potential safety issue

As previously stated, this can cause what would normally be a simple walk down a hallway to become a potentially life-altering injury.

Slips, trips, and falls on the same level are widely regarded as significant safety concerns. According to the Centers for Disease Control and Prevention (CDC), in 2020, 211,640 people suffered severe injuries which are one of the leading causes of nonfatal injuries requiring medical attention in the U.S. 

If you plan to file a lawsuit in North Carolina regarding a fall, you will have to prove that the fall resulted from the negligence of the other party, and not your own actions.

How Do Slip and Fall Accidents Happen?

Slip and fall incidents can occur in many types of environments such as in the workplace, in public places, etc. Although each incident has its own characteristics, the underlying causes of most slips and falls relate to hazardous conditions that exist at a given time. The identification of these hazards is key in determining if there was negligence resulting in a visitor being injured.

Wet or Slippery Floors

Wet floors due to either spills, mops, or rain tracked into a building are a leading cause of slip and fall accidents. Under North Carolina Law, businesses are legally obligated to keep all floors, walkways and passageways free of water, oil and other substances that would make the floor slippery and lead to an injury to a customer or guest.

Ice and Snow on Sidewalks or Parking Lots

Property owners have a duty to treat ice and snow on sidewalks and parking lots as soon as possible; failure to do so makes the owner liable under premises liability laws.

Uneven or Damaged Surfaces

Loose tiles, cracked pavement and uneven flooring contribute to trip hazards and falls. Property owners should routinely inspect and repair walkways to protect visitors from reasonably foreseeable accidents that could result in significant injuries.

Poor Lighting in Stairwells and Hallways

Poorly lit stairwells and hallways obscure hazards such as steps, holes and obstructions. Businesses, apartment complexes and public facilities have a legal obligation to provide sufficient lighting to avoid falls, particularly in high traffic areas and in stairwells.

Missing or Broken Handrails

Handrails and guardrails provide vital support on stairs and ramps. If handrails/guardrails are missing or broken, the risk of serious injury will increase dramatically and property owners may be found negligent for failing to properly maintain them.

Cluttered Walkways and Obstacles

Items such as debris, cords, merchandise, etc., can block a path and cause visitors to trip. Businesses and property managers are accountable for clearing paths of debris to minimize accidents and show reasonable care to visitors according to North Carolina law.

Neglected Maintenance and Structural Hazards

Broken steps, damaged floors and poor maintenance of stairways are all examples of hidden hazards. Owners are obligated to perform regular inspections and repair any structural issues to protect visitors from potential harm and to meet their duty of care.

Where Slip and Fall Accidents Commonly Occur in North Carolina

North Carolina slip and fall cases occur statewide from the major cities (Raleigh, Charlotte, Wilmington) to the small communities (Greenville, Rocky Mount, Cornelius). Many types of establishments can create hazardous conditions for their customers.

Some of the more common types of establishments include:

• Retail Stores & Supermarkets – Large retail shopping malls and grocery stores in large cities (Charlotte, Raleigh, Fayetteville), with high foot traffic, frequently have slippery floors, spills and/or cluttered aisles.

• Restaurants & Bars – Restaurants and Bars across North Carolina (in popular districts in Asheville and Durham) can also have slippery floors at the entrance/exit, poorly maintained walkways.

• Apartment Complexes & Rental Properties – In many cases the common area (such as hallways, stairways, etc.), the parking lot, and other shared spaces in apartment complexes and rental properties in cities like Cary and Winston-Salem can result in falls when the landlord fails to properly maintain these areas.

• Hotels & Vacation Rentals – Hotels and Airbnb rentals along the Outer Banks, Wilmington and the Charlotte Metro can create hazardous conditions for guests when they use wet pool areas, slippery floors and/or unsecured stairs.

• Parking Lots & Parking Decks – Public and private parking lots and decks in cities such as Raleigh, Greensboro, and surrounding towns can be hazardous when they have uneven surfaces, ice or potholes.

• Office Buildings – Commercial office space throughout North Carolina (Durham and Winston-Salem) can result in accidents when there is poor lighting, clutter, and/or damaged flooring.

• Construction Sites – New construction projects in residential and commercial development zones across North Carolina can be hazardous for workers and visitors alike when they do not follow all safety regulations.

• Government-Owned Property – Falls resulting from slipping on sidewalks, public parks and state-owned buildings (city halls/municipal facilities) can present special legal issues in addition to standard slip and fall claims.

Each area has different legal ramifications based upon whether or not the owner/controlling party/maintaining party is determined to be liable, in order to pursue a slip and fall case in NC.

Types of Injuries Caused by Slip and Fall Accidents

Slip and falls are the most common cause of serious injury in the U.S. There were over 3 million reported ER trips and over 32,000 deaths resulting from fall-related injuries in adults aged 65+, with over 950,000 hospitalizations in 2018. It is the number one cause of injury for older adults and is one of the largest contributors to ER visits across the country.

Common Slip and Fall Injuries:

• Traumatic Brain Injuries (TBIs), concussions
• Spine injury, herniated discs
• Hip fractures (especially in older adults)
• Broken wrists, arms, ankles, legs
• Shoulder, knee injuries requiring surgery
• Chronic pain due to soft tissue injury
• Anxiety and fear of falling again

“Many slip and fall injuries that seem minor at first can turn out to be serious, life-altering issues,” says Robert Tatum, Senior Partner at Tatum & Atkinson Law Firm. Early medical care and proper documentation are crucial to protect your rights.

While some injuries are immediately apparent (ie, broken bones), other types of injuries (such as those involving the head or spine) may take several days or weeks to become evident. Insurance companies will use this delay to dispute the fact that the injuries were indeed caused by the slip and fall.

How to Treat a Slip and Fall Injury?

Slip and fall medical treatment serves two functions: your health and as evidence to connect you with your injuries from the slip/trip/misstep incident.

Key steps to protect yourself medically include:

1. Obtaining immediate medical attention, even if you do not believe your symptoms will be long-lasting
2. Describing your slip/trip/misstep experience to your slip and fall lawyers as accurately as possible
3. Following through on any recommendations made by your treating physician
4. Attending scheduled follow-up appointments
5. Maintaining a copy of all medical records and billing statements

Not obtaining immediate medical treatment provides insurance companies with a weapon to use against you to argue that your medical conditions existed prior to the incident.

Who Is Responsible for a Slip and Fall Accident?

Liability in a slip and fall incident relies upon who owns the property, has control of the property and failed to maintain a safe property for guests. It is necessary to identify the at-fault party so that you may recover damages and/or file a legal claim.

Property Owners

As property owners, it is their obligation to maintain the premises as reasonably safe for all visitors. If the property owner fails to do this (e.g., wet floor, broken stairs), they will likely be held accountable by a lawyer for slip and fall accident.

Business Operators

All businesses (retail stores, restaurants, office buildings etc.) have the obligation to provide safe walking surfaces for the general public. An investigation will need to be conducted by a slip and fall accident lawyer near me to determine whether business negligence was a factor in your injury.

Property Management Companies

It is also the property management company’s responsibility to maintain and keep safe all common areas within a multi-unit building/complex/commercial space. If a property management company fails to correct hazards or notify tenants of hazards, it could potentially be liable for any resulting injuries.

Landlords

A landlord has a similar obligation to ensure the rental unit is safe for both the tenant and the visitor. Claims for slip and fall occur when there is broken flooring, slippery ice/snow on walkways, poor lighting on stairways, etc. Therefore, it is recommended that you consult with an experienced slip and fall attorney.

Maintenance Contractors

If a third-party contractor is hired to perform work on the premises and in some way contributes to the hazard that causes the fall, then the contractor could share liability. A North Carolina slip and fall accident lawyer would be able to research and review any contracts that may exist between the parties involved and determine the level of liability.

Government Entities

Public entities (such as sidewalks, parks and government-owned public buildings) may be liable for an injury in some cases, although it is often difficult to pursue a claim because of limited liability (immunity). The best slip and fall accident lawyer will help you with this type of case.

There are times when there can be several people involved in a situation that results in a slip and fall; therefore it is important to have a slip and fall attorney represent you so that you can protect your rights and obtain the maximum amount of money for your injuries.

North Carolina Premises Liability Law Explained

Slip and Fall Lawsuits in North Carolina are governed by the Premises Liability Law. An individual who has suffered a personal injury in a slip and fall incident to recover damages, they must demonstrate that there was a hazardous condition on the premises; the landowner had actual knowledge of the hazardous condition but failed to take reasonable action to correct the hazard or warn individuals of its existence; and as a result of the above actions, the individual was injured.

The status of the visitor is also important in determining the level of responsibility owed by the property owner. Property owners owe the duty of care to invitees (such as customers and tenants); a licensee (i.e., social guest) can expect to be informed of hazards of which the landlord is aware; and trespassers are typically entitled to little or no protection (N.C. Gen. Stat. § 38B−2).

An individual injured in a slip and fall incident may seek to hold the property owner liable for failing to provide a safe environment. Retaining the services of our slip and fall attorney near me will assist in protecting his/her interests, particularly when the case involves many potential defendants.

Are Slip and Fall Cases Hard to Win?

Yes, most notably in North Carolina. As it follows a “pure contributory negligence” rule which is one of the most extreme rules for determining liability in the U.S., a plaintiff can be entirely barred from receiving monetary damages if they are determined to have been 1% or greater responsible for their injury.

This standard is utilized by insurance companies as a method of denying claims when the insurance company argues that the injured party was:

• Distracted while operating their vehicle
• Did not see a “clearly evident” hazard
• Failed to take action when presented with obvious warning signs
• Wore improper footwear on the premises

The Last Clear Chance Doctrine

Recovery may still be possible under very limited circumstances where the property owner had the last clear chance to prevent the accident and failed to do so. This doctrine is extremely difficult to successfully argue, and generally requires the assistance of a highly experienced attorney.

What to Do After a Slip and Fall Accident

Knowing what to do in the event of a slip and fall accident will help you protect your physical health as well as your legal rights. The first actions to be taken immediately after an accident include:

• Obtain medical treatment right away
• Report the accident to the property owner or building management
• Request that a written incident report be completed
• Take photographs of the hazard and the surrounding area
• Document witness names and contact information
• Save shoes and clothing that were on at the time of the fall

Here are some things you should avoid after a slip and fall accident:

• Making recorded statements to insurance adjusters
• Signing documents related to your claim before consulting with counsel
• Minimizing your reported injuries
• Delaying seeking the advice of an attorney

How Long to Sue for a Slip and Fall?

In general, there are three years in which to bring a legal action after an injury due to a slip and fall on private property in North Carolina. The statute of limitations for slip and falls does have exceptions where the injured person fell on public property owned by the state, county, city, etc

Can I Sue for a Slip and Fall Accident?

You can potentially file a lawsuit for a slip and fall accident depending on the situation. However, a lawsuit is only possible if you were injured as a result of the negligence of another party. Not all slip and fall accidents result in viable lawsuits.

To establish a valid lawsuit resulting from a slip and fall accident, there generally needs to be proof of two things. First, that the property owner failed to take reasonable steps to prevent a slip and fall accident; secondly, that the failure of the property owner to take such actions resulted in your injury.

How Does a Slip and Fall Case Work?

Typically, most slip and fall cases will proceed through at least three phases. Therefore, it is important that you properly document your case and seek out appropriate legal counsel to help ensure that you receive the maximum amount of compensation possible.

• Investigation and Evidence Collection – Photographs of the area where you fell, witness statements, medical records and documentation establishing the property owner’s negligence in North Carolina.
• Insurance Claims – All evidence collected from the investigation and a demand for payment should be submitted to the insurance carrier of the party responsible for your injuries as soon as possible after your injury.
• Insurance Company Negotiations – Communication with insurance claims adjusters to negotiate a fair settlement of your claim. Your negotiation position may be enhanced by presenting a strong case, even if you intend to go to trial.
• Litigation – If the insurance companies involved in your claim do not offer a fair settlement, then you can file a civil lawsuit against them and have a judge or jury determine whether they were liable for your injuries and damages.

Although many slip and fall cases resolve without litigation, having prepared your case properly increases your chances of receiving full compensation for your injuries.

Why Is My Slip and Fall Case Taking So Long?

Your slip and fall accident lawsuit has taken so long for many reasons:

• Resolving the liability
• Ongoing medical treatment
• Denied/delayed insurance claims
• Multiple defendants.
• Sometimes expert testimony is required.

You will also run the risk of being unable to calculate the total cost of an injury by trying to rush a settlement before you are completely healed.

How Much Is a Slip and Fall Accident Worth?

The value of a slip and fall claim will vary based on many different factors. These include: the extent of injury, loss of income due to the accident, long-term consequences, and the strength of the evidence to prove liability (negligence) by the defendant (property owner).

Severity of Injuries

More severe injuries (such as fractures, spinal damage or traumatic brain injuries) can result in larger possible settlements, because serious injuries will be costly to treat and have an impact on the injured person’s quality of life, either temporarily or long-term.

Medical Expenses

All expenses related to the treatment of the injured person (including, but not limited to, hospital bills, surgeries, therapies and medications) will be taken into account when evaluating the worth of a claim. The stronger the medical record, the better the chances of maximizing your claim.

Lost Income

Losses in wages, as well as any anticipated loss in future earning potential (because of the injury), will be included in calculating the total amount of damages owed to you. Documentation from your employer(s) will be helpful in establishing your lost wages and/or lost income potential.

Long-Term Disability

Settlements for cases where the injuries suffered were so severe that they resulted in a loss of some or all of their ability to earn a living will be greater than those resulting in temporary or no loss of ability to work. In addition, cases involving a loss of mobility or chronic pain will likely require a larger settlement to provide for the injured person’s future needs.

Pain and Suffering

Evidence of emotional suffering, chronic pain, and a reduced quality of life will be considered in addition to physical injuries. Medical reports and personal testimony documenting these aspects of your experience will be important in securing maximum compensation.

Strength of Evidence

Photographic evidence, witness testimony, medical documentation and other types of documentation demonstrating a direct link between the injury and the actions (or lack thereof) of the property owner can substantially enhance your opportunity for receiving a fair settlement.

Degree of Disputed Fault

As North Carolina follows the contributory negligence rule, if it is determined that you bear any part of the blame for your slip and fall accident, then your entitlement to compensation could be affected. If you hire our slip and fall accident lawyer, he/she will be able to advise you on how best to protect your interests regarding the possibility of shared blame.

Do I Need a Lawyer for a Slip and Fall Accident?

With such a high burden of proof for a negligence claim in North Carolina, hiring an attorney becomes necessary. Our personal injury slip and fall attorney can:

• Thorough investigation of the property
• Determine negligence and liability
• Collecting evidence
• Deal with the insurance company
• Address contributory negligence
• Calculate the “full value” of your injury
• Go to trial on your behalf

If an attorney does not assist you, the injured victim may be forced to accept a low settlement offer from the insurance company or may even be denied compensation entirely.

Protecting Your Rights After a Slip and Fall

Slip and fall accidents affect every area of your life. The North Carolina court systems are very hard on injury victims, which makes it an easy target for insurance companies to deny liability in these cases.

Knowing how slip and fall cases are structured as well as taking action quickly will be instrumental in your case. If you have been injured due to a property owner’s failure to maintain safe premises, our slip and fall accident lawyers can give you the assistance that you need and represent you aggressively.

A knowledgeable North Carolina slip and fall accident lawyer can evaluate your situation, explain your options, and help you move forward with confidence. Call now at (800) 529-0804.