Know Your Rights If You Slip and Fall in North Carolina
When you slip and fall, the conditions may yield more than just a bruised ego. Lingering and severe injuries can happen when you slip and fall on someone’s or some place’s property, and they were negligent in the property’s upkeep.
North Carolina law widely protects victims who experience personal injury due to a property owner’s negligence, so reaching out to a lawyer right away can help you pay for medical bills and receive compensation.
Can I File A Personal Injury Lawsuit For A Slip And Fall Accident In North Carolina?
If you slip and fall on someone else’s property and get injured, you can take a few routes to help pay for medical bills, such as filing an insurance claim or file a personal injury lawsuit and let the courts decide.
If you plan to take the legal route, you must file your personal injury case within three years of the date the injury occurred, as stated by North Carolina General Statutes section 1-52.
Since North Carolina enforces a statute of limitations on slip and fall accidents, as well as other personal injury cases, calling a lawyer as soon as possible after your injury will help expedite your claim. If you fail to file your lawsuit before the three-year deadline, a judge will refuse to hear your case, and you will not be entitled to any monetary damages.
Does Shared Fault Affect My Slip And Fall Accident?
North Carolina also enforces a “shared fault” rule when it pertains to personal injury cases. If your case goes to court, your attorney will need to prove the property owner’s negligence caused the injury and negate any claims that you share some blame for the accident.
Some states reduce the compensation a victim would receive in proportion to the fault they shared for the accident. However, this is not the case in North Carolina. The Tar Heel State abides by the “contributory negligence” rule, which doesn’t lend any plaintiffs leeway.
Contributory negligence means if the victim shares any responsibility for the injury, no matter how small, they are entitled to no compensation.
Some reasons the court may disqualify you from receiving damages include:
- You were injured on the part of the property where visitors are forbidden, and the property owner had a reasonable belief that visitors wouldn’t wander there.
- Your footwear choice was inappropriate or unsafe for the circumstances, such as wearing high heels on a rocky path.
- The property owner took reasonable steps to protect visitors, such as putting up cones or signs to warn of danger.
- A reasonable person would have found the situation dangerous.
- Your injury occurred when you weren’t paying attention, such as texting while you slipped and fell.
What Should I Do If I Was Injured In A Slip And Fall Accident In North Carolina?
If you suffered an injury on someone else’s property, contact Hyland & Padilla’s legal team immediately. Since North Carolina enforces a statute of limitations, the sooner we get started on your case, the better.
Hyland & Padilla’s lawyers understand that North Carolina personal injury law continually evolves, and we are ready to fight for your rights in court.
We provide free consultations to help you understand your case’s merits and guide you on possible next steps to help you receive compensation to help you recover from your injury.