Slips and falls are some of the common accidents that occur in North Carolina, and they can cause serious injuries. These accidents can happen in a variety of places, including private and public properties. The law in North Carolina has provisions that protect victims of slip and fall accidents, and it’s essential to understand these laws to know your legal options.
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North Carolina’s Premises Liability Law
North Carolina’s premises liability law requires property owners to ensure the safety of their premises for visitors. Property owners have a legal duty to keep their properties reasonably safe for visitors and to warn visitors of potential hazards. This law applies to both private and public properties.
Determining Liability
When a slip and fall accident occurs, liability must be determined before a settlement can be awarded. Liability can be attributed to several parties, including the property owner, the manager, or the person who caused the hazard.
To determine liability, the following factors must be considered:
- Whether the property owner acted reasonably to maintain the property’s safety
- Whether the visitor acted negligently and contributed to the accident
- Whether the hazard was present long enough for the property owner to have discovered it and fixed it
Time Limit for Filing a Slip and Fall Lawsuit
North Carolina’s statute of limitations for personal injury cases is three years from the date of the accident. This means that you have three years from the date of the slip and fall accident to file a lawsuit against the property owner or any other party liable for your damages. If you miss the deadline, your case will most likely be dismissed.
Comparative Negligence Rule
North Carolina follows the comparative negligence rule, which means that a plaintiff’s damages will be reduced if they are found to be partially responsible for the accident. If, for example, you slipped and fell on a wet floor in a store, and it is discovered that you were distracted while texting, you may be found partially responsible for your injuries. Your damages will be reduced based on the percentage of fault assigned to you.
Damages You Can Claim
If you have been injured in a slip and fall accident in North Carolina, you may be eligible to claim the following damages:
- Medical expenses
- Lost wages and income
- Pain and suffering
- Property damage
Seek Legal Advice
Slip and fall accidents can result in serious injuries that may require extensive medical treatment. If you or a loved one has been involved in a slip and fall accident in North Carolina, it’s essential to seek legal advice from a personal injury attorney. A personal injury attorney can help you understand your legal right and guide you through the legal process.
Conclusion
North Carolina has specific provisions that protect victims of slip and fall accidents. Property owners have a legal duty to ensure the safety of their premises and warn visitors of potential hazards. If you have been involved in a slip and fall accident in North Carolina, it’s essential to seek legal advice to understand your legal options. Additionally, seek medical attention immediately and document everything you remember about the accident to help your attorney build a strong case.