Slip and Fall/Premises Liability Lawyer – Representing Those Injured on Someone Else's Property in North Carolina
Premises liability cases involve injuries received while on someone else's property. Property owners and businesses have a duty to maintain a safe property for customers, pedestrians, and other visitors. They have a duty to effectively warn people of possible dangers. The majority of premises liability claims arise from slip and fall accidents, trip and fall accidents. There are other types of premises liability claims too.
For any slip and fall accident or trip and fall accident, you need to call a lawyer who has experience handling such cases.
Most of these cases involve a hidden, defective condition, foreign substance, or a hidden object that causes the victim to a fall and get seriously injured. Even though the victim was looking where he or she was going and keeping a reasonable lookout, the hidden defective condition(s) was not apparent to the victim.
Since the property owner and business knew of the existence of the dangerous condition, but did not repair it or give warning to the victim and others, the property owner and business are held responsible for the slip and fall or trip and fall victim's injuries and all damages.
When a visitor to a property suffers a preventable injury, the law of premises liability applies.
The law determines the responsibility of the property owner, business, or manager; the law applies both to residences and places of business. The key to North Carolina slip and fall accident cases is to prove that the property owner or manager was negligent and your injury resulted from their negligence. A slip and fall lawyer at Thomas, Ferguson & Mullins, LLP in Durham, NC can help you get the money you deserve.
Common examples of premises liability cases
- Slip and falls caused by slippery floors or standing water, ice, or snow;
- Trip and falls caused by damaged or uneven walkways, slippery stairs, or poor upkeep;
- Inadequate security (lights, surveillance) resulting in a preventable assault by a third party;
- Construction site injuries, including those involving persons other than injured workers;
- Pool drownings;
- Falling trees; and,
- Products or merchandise falling off of shelves at a store.
Proving the property owner, business operator and/or property manager's negligence
Proving negligence is the key in your slip and fall case, but it can be difficult. One reason is that a property owner might make quick repairs before you even file a claim. If possible, take photographs of the accident scene and your injuries, and write down the names and addresses of any eyewitnesses. A property owner is not responsible simply because someone was injured on his or her property. The property owner has to be proven negligent. The owner of the property must pay for losses caused by the dangerous condition of the property if the injured person can prove:
- The owner knew, or should have known, about the dangerous condition;
- The owner had a reasonable opportunity to correct or warn of the condition, which was not reasonably open and obvious to the injured party at the time of the accident; and,
- The accident caused damage or injury to the injured person.
Property owner, business operator, and/or property manager's duty of care to visitors:
The property owner's duty of care to lawful visitors is to maintain the property in a good condition and either repair or warn of any dangerous conditions which are not open and obvious. In order to meet this duty of care, the property owner must conduct reasonable inspections of the premises and make those repairs or set out those warnings within a reasonable time after a reasonable property owner would have done so.
What should I do if I've been injured?
Many factors are involved in resolving a North Carolina slip and fall accident or any premises liability case. If you've been injured due to an unsafe condition on someone's property, it's important to contact a lawyer at Thomas, Ferguson & Mullins, LLP in Durham, North Carolina soon after your injury to discuss your case in detail. An early investigation is important to the success of your case.
What kind of compensation can I expect for my injuries?
If you are injured because a property owner or a business establishment fails to provide a safe environment, you have a right to bring a claim for your pain and suffering, medical expenses, and lost wages:
Pain and Suffering
Pain and suffering are real and measurable. The law and most insurance companies grade pain as severe, moderate, slight or minimal, as well as periodic or chronic. Expected future pain can greatly increase a claim for damages. Suffering can include depression, changes in lifestyle, anxiety, or even relationship troubles after an injury. No dollar amount can erase pain and suffering, but compensation can make your life easier.
You should receive compensation for all reasonable expenses you have paid as a result of the accident, as well as future expenses. This includes medical bills, transportation, help in taking care of your family members, and other household help.
You should receive compensation for any loss of wages you suffer as a result of your accident, as well as any future income loss. Additionally, you should be compensated for a loss of earning capacity, such as a permanent disability that restricts your competitiveness in the job market. Our firm is very skilled at recognizing the different types of income losses.
Request a free consultation. If you or someone that you care about has been injured on another's property due to dangerous conditions, contact one of the premise liability/slip-and-fall attorneys at Thomas, Ferguson & Mullins, LLP by completing our FREE CONSULTATION REQUEST FORM or calling us toll free at 1 (888) 668-8253 or local calls (919) 682-5648. The initial consultation is free of charge and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds.
Don't delay in hiring an attorney if you've been injured in a slip and fall, trip and fall, or other premises liability accident!
You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.