If you slipped on a wet floor at a business in Charlotte, NC, and you are thinking of seeking compensation for the injuries and losses you incurred, the best strategy is to request a case evaluation from an experienced slip and fall lawyer.
Slip and fall cases are among the most difficult to win. On the one hand, they are difficult to prove and, on the other hand, the defendant will almost always argue that the victim was at least partly at fault for the accident. That is why it helps to benefit from the advice and support of an experienced North Carolina personal injury lawyer.
An experienced accident attorney knows how to prove liability and reject shared fault arguments, no matter the legal path their client chooses: filing an insurance claim or filing a court lawsuit. Attorneys are also familiar with the applicable laws in North Carolina and can guide their client throughout the process, protecting their interests and taking over most of the hassles.
Main Laws Applicable to Slip and Fall Cases in North Carolina
The most important laws for cases that involve slipping and falling on a wet floor refer to the statute of limitations, premises liability, and contributory negligence. We will discuss them one by one in the following lines.
1. Statute of Limitations
The statute of limitations is the time period within which victims can file a compensation claim or a civil lawsuit in court. Failure to meet the statute of limitations can cost a plaintiff their case. Most slip and fall cases fall under personal injury statute of limitations, covered in NC General Statutes section 1-52.
According to it, the deadline for filing a civil lawsuit for injuries to person or rights is three years from the incident date. Exceptions may apply, though, so it is best to discuss specifics with an experienced slip and fall attorney in Charlotte.
2. Premises Liability
If you slipped on a wet floor in a bank, store, or on some other commercial property, you might be entitled to compensation from the owner or manager or the respective property. According to the laws enforced in North Carolina, property owners or managers owe their visitors a duty of care. However, actually obtaining the compensation will not be easy. You or your lawyer will have to prove that:
- The defendant owed you a duty of care
- They failed to carry out their duty
- You slipped and fell because of their actions
- You incurred injuries and/or damages as a result of the fall
If you slipped on a wet floor, the premises owner or manager’s duty could involve removing excess water, warning about the danger of slipping and falling if the floor had been recently washed, preventing access to the wet area, or taking measures to stop the water leak and dry the floor if the water was the result of a plumbing problem or rainwater infiltration.
If a third-party service provider was in charge of the situation (perhaps the property owner or manager had a contract with a cleaning service provider or plumbing company), it might be wiser to direct your legal actions against the respective company. In order to figure out the best course of action, you should discuss the circumstances of your injuries with an experienced North Carolina slip and fall injuries lawyer.
3. Contributory Negligence
North Carolina laws accept the possibilities for both or all parties involved in a trial to be partially at fault. Otherwise put, the defendant in your slip and fall case may argue that, although they did not carry out their duty regarding the premises, your own negligence contributed to the injuries and damages you sustained.
Perhaps you were in an area closed to visitors, disregarded the warning sign, ran and did not pay attention to where you were going or wore inadequate, slippery footwear. Even if the defendant in your case manages to prove your contributory negligence, you may still be entitled to compensation. The condition to obtain compensation is to prove you were less at fault than the defendant. Your share of liability will be deducted from the compensation you receive.
Slipped on a Wet Floor? Request a Slip and Fall Case Evaluation Today
Have you slipped on a wet floor? Are you thinking of seeking compensation, but you don’t know how to do it, how much your case is worth, and whether you have enough evidence to prove the defendant’s liability? You should consult an experienced and dedicated slip and fall lawyer in Charlotte, North Carolina.
At Ted A. Greve & Associates, we have been handling slip and fall cases for years. We can handle yours, too and guide you in the right direction. The first consultation is free, so schedule it now, and let us show you what we can do for you.