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Slip and Fall Injuries: Premises Liability

It can happen in an instant. One minute you are walking along and the next you find yourself seriously injured by a fall. When a fall happens due to the negligence of another, you may be entitled to compensation for your injuries. Slip and fall accidents are among the most common types of accidents that occur. They can result in injuries ranging from minor bumps and sprains to more significant problems such as back injuries, broken bones, and head and neck trauma. If you were seriously hurt due to the negligence of someone else, it is best to discuss the matter with an experienced Mooresville personal injury attorney as soon as possible.

Slip and fall accidents are a type of premises liability case. These cases are brought against a property owner due to negligence. There are many factors that can play a role in premises liability cases such as contributory negligence, comparative negligence, and insurance. Because of their complexity, it is best to speak to a Mooresville personal injury lawyer immediately following the incident.

Types of Premises Liability Cases

Slip and fall accidents occur on someone else’s property. The owner of the property may have failed to provide a safe and secure area for people. In Mooresville, as in other places in North Carolina, a slip and fall victim needs to prove that the property owner knew or should have known about the hazardous condition and did not take steps to remedy the problem. In general, you will need to show that the property owner’s negligence was directly responsible for your injury.

Falling on someone’s property may be due to a slippery condition, an unstable floor, or poor lighting conditions. Some other factors include ripped carpeting, standing water, uneven walkways, wet or icy conditions, exposed holes, damaged and poorly maintained floors or stairs, and inadequate or damaged railings. In addition, there could be something blocking the walkway, such as a stack of boxes or a piece of equipment.

Many other types of accidents may be considered premises liability cases. Some of these include construction site injuries, falling objects, pool drowning and inadequate security. If you were injured on someone else’s property, it may not be your fault. It may likely be due to an unsafe condition that the owner did not correct.

Negligence in Premises Liability Cases

North Carolina utilizes a doctrine of the law called contributory negligence. What this means is that if an individual is partly responsible for the accident, he or she cannot recover damages. This is different than the law in South Carolina, which allows for comparative negligence. In South Carolina you may recover damages even if you are partially at fault for the accident.

Because North Carolina uses contributory negligence it is important to follow some steps after a slip and fall injury. Report the incident immediately. It may be a good idea to file a police report. This will provide an accurate and reliable record of the accident. When possible, take photos of the area where the accident happened and take the names and contact information of any witnesses.

Seek medical attention as soon after the accident as possible. Do not delay in seeing a doctor because a delay could be used to show that your injury was not caused by the fall or that your injury is not significant. Keep copies of all your medical records and bills.

Talk to an experienced Mooresville personal injury attorney as soon after the accident as possible. Your attorney will need to gather details and get information from the accident scene. This is best accomplished quickly after the incident. For example, there may be a surveillance video of the accident. However, if it is not obtained quickly enough, it might be inadvertently erased.

These types of cases require some investigation and may be complex. However, if your injuries are serious, you may have extensive medical bills and other damages such as lost wages. Do not speak to an insurance company representative until you consult with your attorney. Conversations with insurance companies are generally recorded and what you say could end up coming back to discredit your case.

Contact Arnold & Smith, PLLC

Do not delay in contacting our office after a slip and fall or premises liability incident. Our skilled legal team understands these types of cases and knows how to handle them to obtain the best results for our clients. We are here to help you through this difficult time and assist you in getting the compensation you deserve for your injuries. Contact Arnold & Smith, PLLC today for a case consultation.