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“Slip and fall” claims refer to
personal injuries that occur after a hazardous condition
causes a person to slip, trip or fall while on someone else's property. These
accidental injuries are included in an expansive category of law known as
premises liability, and can include a variety of injuries, including
head injuries. Slip and fall accidents can happen anywhere, though they
most often occur in shopping malls, grocery stores and parking lots.
Dangerous conditions that can cause someone to slip and fall include:
- Loose or uneven flooring
- Slippery or wet spots on floors
- Torn carpeting
- Poorly lit areas
- Worn steps
- Debris
- Holes hidden by carpeting or grass
- Broken, missing, or loose handrails
- Weather-related circumstances
Liability for slip and fall injuries depends on whether the property owner or
possessor owed the injured person a duty of care and, if so, whether that duty
of care was breached. Because such complex legal questions are involved, it is
important to consult an attorney if you have slipped and fallen on another
person's property.
With offices in
Charlotte,
Gastonia, Raleigh,
Durham, Shelby,
Concord, Monroe
and Greensboro, North Carolina, and in
Rock Hill, South Carolina, the attorneys
of Ted A. Greve & Associates, P.A., are available to help you with your personal
injury claim.
At one time, a landowner's liability in a slip and fall varied depending on
whether the visitor to the property was an invitee, a licensee or a trespasser.
For example, if the injured person was considered an “invitee,” he was owed the
highest duty of care because he was invited upon the property to conduct
business. The lowest duty of care was owed to a person who was trespassing.
The distinctions between licensees and invitees were abolished in a 1998 North
Carolina Supreme Court case, Nelson v. Freeland. Now, landowners or possessors
must exercise reasonable care toward all lawful visitors. The new rule puts the
focus on whether the landowner acted as a reasonable person would under the
circumstances.
Of course, everyone has a responsibility to watch where they are going. If a
person was careless in not seeing or avoiding the condition that caused him to
fall, this behavior will be taken into consideration under the doctrine of
contributory negligence. Thus, in one recent North Carolina case, a person who
slipped and fell at a rest stop was found to be contributorily negligent because
he left the sidewalk.
Slip and fall cases in North Carolina can be very difficult to win because of
the contributory negligence doctrine. Also, in a supermarket or department store
fall, the victim may have to show that the store was on notice of a hazardous
condition but failed to correct it. That can be difficult to prove without
gathering extensive evidence.
As you can see, a simple slip and fall case can involve complicated legal
questions. That's why you need experienced legal help. Protect yourself and your
loved ones by calling Ted A. Greve & Associates, P.A., for a free and
confidential consultation. There is no obligation, so please call us today at
1-800-375-9190 or contact us through our online forms.
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