A slip, trip, and fall can easily land you in the emergency room.
The most common fall-related injuries are fractures in the hips and wrists, as well as bumps to the head and potential brain injuries. Oftentimes, a negligent property owner is at fault for slip and fall accidents. If you experienced a harmful slip and fall somewhere in Jacksonville, North Carolina, the owner of the dangerous property could owe you compensation. Contact us to learn more.
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Do You Have a Premises Liability Claim?
Slip and fall accidents are the most common type of premises liability claim. A property owner who fails to adequately maintain a property, resulting in the element that causes a visitor’s accident and injuries, could face a premises liability claim. Other common premises liability accidents include elevator/escalator malfunctions, swimming pool accidents, and dog bites. For a slip and fall to qualify as a civil claim, you need to prove the following elements:
- The defendant owned or managed the property at the time of the accident.
- The defendant failed to adequately maintain the property.
- The defendant’s failure resulted in the hazard that caused the slip and fall.
- You, the plaintiff, suffered damages because of the accident.
What constitutes “adequate maintenance” depends on the property, the class of the visitor you were, and the situation. One of the most important facts is whether you were an invitee, licensee, or trespasser at the time. As an invitee, the property owner would owe you the highest standard of care, a licensee slightly lesser, and a trespasser none. Our attorneys can help you understand the owner’s duties in your case.
When to File a Claim for a Slip and Fall Accident
If you were unlawfully on someone else’s property, odds are that you do not have grounds to bring a premises liability claim. Otherwise, you can file a claim if another property owner would have noticed the thing that caused your slip and remedied it prior to your accident. For example, a grocery store could be liable for a slip and fall if a banana peel had been on the ground long enough that a staff member should have noticed it and picked it up.
North Carolina is a contributory negligence state. This means the courts will bar a plaintiff from any recovery if he or she is even partially at fault for the accident. To refute the common defense of comparative negligence, you may need an experienced lawyer representing you. An attorney can help you establish the defendant’s negligence even in the face of allegations that you contributed to your injuries in any way.
Speak to a lawyer to find out if you have grounds for a slip and fall lawsuit in North Carolina. If so, you have three years from the date of your fall to file a premises liability claim against the negligent property owner. Don’t miss this deadline, or you could risk forfeiting your right to any compensation. The sooner you contact an attorney, the better.
Why Choose Us?
Riddle & Brantley, is an experienced, passionate law firm with attorneys who can help you with a slip and fall accident claim in Jacksonville, North Carolina. We can help you gather any available evidence, prove your case in front of a judge or jury, and fight for fair compensation. Our lawyers can give you confidence during your negotiations with a property owner’s insurance company.
Call Our Jacksonville Slip and Fall Attorneys If You've Been Injured
We aren’t afraid to go up against major corporations such as grocery stores, shopping malls, or franchises in Jacksonville after a slip and fall. Whether you slipped on ice, water, grease, oil, or debris in a walkway, contact us to discuss your accident. Initial consultations with our Jacksonville injury lawyers are always complimentary and confidential.