Waynesville, NC Slip and Fall Lawyer

Waynesville, NC Slip and Fall Attorney

A sudden slip and a bad fall can happen to anyone in any place. When you are walking through a store, going to lunch in the workplace, or hanging out with friends, the last thing you should have to worry about is the property you’re on being dangerous. Incidents like slips and falls can cause severe injuries. If you have been involved in a slip and fall in the Waynesville area, it’s important that you discuss your legal options with a Waynesville, NC slip and fall lawyer.

How to Determine Fault in a North Carolina Slip and Fall Accident

A slip and fall injury is considered a personal injury if it was caused by someone else’s negligent behavior. Such behavior could range from a store employee failing to mop up a hazard to a homeowner failing to fix the staircase. If you wish to pursue a personal injury claim against the negligent party, our experienced slip and fall lawyers can help you gather evidence, build up your case, and determine fault.

Proving that negligence was a factor in your case can be easier said than done. If your case involves contributory negligence, it may be difficult to pursue. North Carolina’s strict contributory negligence laws prevent a plaintiff from receiving compensation in any amount if they were even partially responsible for causing the accident that took place. This statute largely applies to personal injury cases, including slip and falls.

When you and your lawyer try to prove negligent behavior was a factor in your case, the defendant’s insurance company will try its hardest to prove the fault was wholly yours. They’ll try to prove that if you had been more careful and taken the right precautions, you never would have had the accident. If you cannot prove negligence with evidence, the case becomes a “he said, she said” situation.

By proving negligence, you are not just proving that the fall wasn’t your fault. You are also proving the existence of an unsafe environment that may lead to additional accidents if not taken care of properly. To prove negligent behavior, you will need to prove the elements of negligence as they exist in your case. The elements of negligence may include:

• You were owed a duty of care by the defendant that wasn’t unreasonable.
• The defendant breached that duty of care.
• The resulting breach caused harm to the plaintiff.
• The accident that occurred was a direct result of the defendant’s actions.
• The plaintiff is owed compensatory damages because of those actions.

Common Causes of Slip and Fall Incidents in North Carolina

While a sudden slip and fall can happen anywhere, some causes are more common than others. Largely, they tend to happen as a result of neglect or unseen hazards. If you ever suffer a bad fall in someone’s home or in a place of business, you might be able to pursue damages through premises liability laws. Here are some of the more common causes of slip and fall injuries:

• Wet Floors: It is the duty of a practical property owner to keep the floor well-maintained and free of hazards. Wet floors are supposed to be marked by an obvious sign or blocked by cones, tape, or some other kind of barrier.
• Broken Staircase: A broken staircase can cause you to fall in a particularly painful way. If a staircase is not properly maintained, it can start to deteriorate, which can lead to a bad slip and fall accident.
• Icy Sidewalks: Business and private property owners are required to salt and shovel walkways that are used by the public. If they fail to properly upkeep their property, they may be held liable if someone is injured on it.

FAQs

What Is the Statute of Limitations for a Slip and Fall in North Carolina?

The statute of limitations for a slip and fall case in North Carolina is three years, according to the state’s personal injury laws. That gives you three years to establish your case, develop your claim, gather the right evidence, speak with a lawyer, and file a claim for compensatory damages. If you are unable to file a claim before three years have passed, your case loses validity, and you can no longer seek damages for it.

What Is Another Legal Term for a Slip and Fall Case?

The legal term that is often used interchangeably in slip and fall accidents is known as a premises liability claim in North Carolina. This kind of case is a personal injury claim that can be filed when you injure yourself on somebody else’s property, such as somebody’s home or their store. If you decide to pursue legal action, it is likely that the property owner could be found liable for your accident.

What Damages Can I Claim in a Slip and Fall Case?

In a slip and fall case in Waynesville, NC, you can claim many different kinds of damages, depending on the severity of your injuries and what you are seeking to gain. You can pursue damages for your medical expenses, lost wages, emotional distress, pain and suffering, and even punitive damages if the court deems it necessary. Your lawyer can help you figure out what you should try to claim.

Do I Need a Lawyer for My Slip and Fall Case in North Carolina?

Technically, you do not need to hire a lawyer for your case. You are well within your rights to refuse to hire legal counsel for your case and pursue legal action on your own. Still, it is recommended that you retain counsel for your case. Having someone on your side who understands the complexities of the law and can anticipate setbacks could only help you in the long run. Plus, a lawyer gives you a great chance of filing a successful claim.

Reach Out to Our Slip and Fall Lawyers Today

Dealing with the aftermath of a bad fall can be overwhelming. A bad fall has the potential to cause lifelong damage, severe injuries, and even lost wages. If you were the victim of a slip and fall in Waynesville, it’s crucial that you seek legal aid and fight for compensation.

The legal team at Ganly & Ramer, P.L.L.C., understands the kind of legal assistance you need for your slip and fall case. We can help you build a strong claim and advocate for your rights throughout the proceedings that will follow. Contact us today to learn more about how we can help your case.