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Premises Liability (Slip & Fall)

Serving Charlotte, and Rutherford, North Carolina

Frequently Asked Questions

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What accidents are considered slip & fall accidents?
A slip & fall accident refers to an accident caused by a dangerous or hazardous condition, resulting in injury. Falls as a result of poor lighting, wet surfaces, slippery surfaces, uneven surfaces, torn concrete, or hidden holes are all examples falls caused by dangerous or hazardous conditions.

What protocol should I take immediately following a slip & fall accident?

  • Carefully inspect the accident area
  • Collect photos of the accident site, or videotape the condition
  • Gather names and contact information of witnesses
  • If the accident happened at a place of business, make sure the manager is aware of the incident, write down his or her name
  • Keep a copy of the incident report (used when accidents happen on business property)
  • Make sure you have proof of your injuries, or property damage
  • Write down the conditions of the fall: slippery surface, uneven surface, poor lighting, etc.
  • Gather contact information for the property owner
  • Contact an experienced slip & fall attorney right away

Should I hire an attorney for my slip & fall?
Slip and fall cases may be difficult to prove in court, as the pedestrian assumes a certain degree of responsibility for careful walking. Defending attorneys may try to discredit your claim by alleging you were responsible for the fall. An attorney can deal with the owner’s insurance company and utilize resources to prove your accident resulted from negligence.

What damages are recoverable in a slip & fall case?
Depending on North Carolina statutes and the location of your slip & fall, a number of money damages may be available to you if your attorney can show the accident resulted from property owner negligence. You may be entitled to collect

  • medical bills and expenses incurred as a result of the incident
  • lost income for time from work to recover
  • the fair value of any clothing damaged in the incident
  • compensation for pain and suffering as a result of the incident
  • general damages

Should I see a doctor after a slip & fall accident?
If you believe your injury may be severe, you definitely should see a doctor. If you decide to bring a lawsuit against the property owner, medical documentation of your injury is very important.

Why are slip & fall cases so difficult to prove?
It is difficult to thoroughly explain what happened and why. When a slip and fall accident occurs, it can take careful examination to discover exactly what caused the fall. Also, the property owner may try to find fault with the injured person by claiming he or she was not walking properly or exercising caution. A property owner may also try to escape liability by claiming he or she had no knowledge of the hazard. A skilled slip & fall attorney can show the court that the owner should have known about the hazard and corrected it before injury occurred.

If I am injured, should I contact the landowner directly?
This is where an experienced slip & fall attorney comes in. The landowner may ask you questions and trick you into admitting partial fault for the fall. It is better to let an attorney handle all communication after the accident to ensure your rights are protected. If the landowner's insurance company contacts you directly, you do not have to answer questions or agree to sign anything. Let them know your attorney will be in touch.

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