Slip and Fall Lawyer in Greenville, North Carolina
Key Highlights:
- Slip and falls lawyer in Greenville analyzes whether the incident was caused by the dangerous condition of the property.
- A property owner might be liable for any incidents if he was aware or should have been aware of such conditions and didn’t act upon that information.
- A Greenville premises liability attorney can look into video evidence, photos, police and incident reports, medical documents, witness statements, etc.
- The law of contributory negligence in North Carolina may complicate such cases.
- A Greenville accident compensation attorney will be able to help you receive compensation for medical costs, lost income, pain, suffering, and even for the long-term restrictions.
You may have an action if you were harmed because of the negligence of a Greenville property owner to warn you of any dangers. A slip and fall lawyer in Greenville will be able to find out the cause of the accident, the control over the area where you fell, and the effects of your injury.Â
Greenville accidents take place in grocery stores, restaurants, medical offices, apartments, parking lots, streets, and public facilities for people living in Pitt County.
I am Robert Tatum, one of the oldest lawyers at Tatum & Atkinson Law Firm. We have provided 65+ years of combined experience in helping injured people handle their claims regarding personal injury in NC. We’ll do anything to help you!
You wouldn’t have to pay anything for the initial consultation, and if we don’t win your case, you owe us nothing. Give us a call at (800) 529-0804 right now.
How Premises Liability Laws Work in North Carolina
Premises liability laws help in determining the liable party in case someone gets injured on someone else’s premises. A Greenville premises liability lawyer assesses the owner of the property, control of the premises, and knowledge of the danger to prove the presence of negligence.
Who Can Be Considered the Property Owner?
One does not necessarily have to be the property owner to be made liable for any injuries that take place on his or her property. This means that one can be either the tenant, the landlord, the property manager, or any other entity such as a government agency responsible for the land.
When Is One Made Liable?
One is considered liable when he or she knows about the dangerous conditions that exist in the property and does nothing to rectify them.
Proof of Notice of the Dangerous Condition:Â
In many cases, it becomes necessary to prove that the notice of the dangerous condition was in place either through actual knowledge of the existence of the hazard or through inspection.
Proof of Control Over the Premises:
Establishing who controls the premises is important in identifying liability, especially when the premises are occupied by more than one person.
What Do You Have to Prove to Have a Valid Claim of Slip and Fall in North Carolina?
Not only is a slip and fall accident an accident, but to have a valid claim, you will need to prove the presence of dangerous conditions that the owner of the property was aware of and that led to your injury.
Hazard IdentificationÂ
The slip and fall attorney Greenville will consider whether the liquid spill, floor damage, loose mat, bad lighting, slippery entrance, bumpy road, or handrail defect could have led to the injury.
The Significance of Notice in Your CaseÂ
Notice is always an important issue in this type of claim. Did the store owner know about the hazard? Had the stairs been in bad shape for weeks? This is important for your case to succeed.
Actual vs. Constructive NoticeÂ
Actual notice occurs when the owner has direct knowledge of the hazard, whereas constructive notice is where the hazard has been there long enough to be discovered in a reasonable inspection.
Evidence of KnowledgeÂ
The Greenville premises liability attorney will do his investigation on the issue through the use of pictures, videos, cleaning records, inspections, and witnesses’ statements to prove exactly what the property owner knew.
Why Are Fall Accidents More Serious Than People Think?
One moment you’re walking down the aisle, and in an instant, your hip crashes to the floor, your wrist is broken, and you’re paralyzed in your back.
Typical Injuries from Fall Accidents
These types of accidents can cause many different injuries, including broken bones, concussion, spinal cord injuries, ligament tears, knee injuries, shoulder injuries, nerve damage, and a lot of pain and mobility issues for the victim.
Injuries from Slip and Falls of Senior Citizens
For elderly people who suffer from fall accidents, there is a greater chance of having hip fractures and other long-term injuries that could make their hospital stay much more expensive and dependent.
Aftermath of Serious Falls
Not all fall injuries heal properly. The person could be suffering from constant pain, immobility, surgery, and nerve damage forever after.
Long-Term Financial Consequences of the Victim:
A Greenville accident lawyer takes into account the following consequences.
What Type of Evidence Do You Need for Your Greenville Slip and Fall Accident Case?
Evidence obtained early on has a lot more value during legal proceedings. Property owners are going to clean up the scene of the accident very quickly. The video evidence may be deleted. The witnesses may leave and not leave any contact information.
Important evidence could include:
- Photographs of the hazard, your footwear, your injury, the floor, the lighting, the weather, warning signs, and the environment where the accident took place.
- Medical records, account of the accident, statements from witnesses, video recordings, inspections, repairs, and insurance communications.
A Greenville injury claim lawyer could help in requesting evidence before it is lost. A Greenville premises liability attorney could also check if there were other claims or repairs of the same hazardous condition.
How Medical Records Relate to Your Case
The medical records are important for linking your injury to the fall since the records have dates of treatment, diagnoses, and evolution of the case. If you fail to attend treatment at any stage of the process, it gives the insurance companies room to state that your injury was caused by a totally separate case.
Defenses that Property Owners Claim
Property owners or their insurance companies will claim that the hazard was obvious, that you did not look at your step, or that they were unaware of the risk.
Contributory negligence is one of the doctrines that are applied in North Carolina.
According to G.S. 1-139, the person initiating a suit under contributory negligence has the duty of proving the same. Proving the same, however, may pose some problems for you.
Defense |
What They Mean |
| Evident | It means that the hazard was plain to see |
| Nonnotice | It means that they didn’t know of the hazard |
| Victim blame | It means that you were at fault for your injury |
| Weather | It means that rain or ice created an unavoidable hazard |
| No injury relationship | It is because your injury was not in any way caused by them. |
The help of a Greenville premises negligence attorney will be vital in building a defense based on facts.
Duties of the Business Owner in North Carolina
Owners of business premises are required by law to provide a relatively safe environment for their customers or visitors on the premises. Failure to do this makes the owner liable for any accidents that could have been avoided.
Duties of the Store Owner and the Grocery Shop Owner
They should inspect the store floor regularly, clean up spillages immediately, and place appropriate warning signs on any slippery floors.
Duties of the Restaurant Owner and Apartment Complex Owner
The owners are expected to ensure that the walkways, lights, stairs, and railings on the business premises are well maintained and act quickly to attend to any complaints brought by the tenants or clients about the premises.
Duties of the Parking Lot Owner and the Garage Owner
They should provide sufficient lighting in the premises and also provide signs to indicate the walkways and repair any potholes and broken pavements in the premises since they are usually the places where most accidents take place.
Regular Inspection and Maintenance Duties
Apart from carrying out the repair works, the owner is legally bound to conduct regular inspections and keep a record of his/her maintenance work.
How Does Weather Play into This Case?
The weather conditions, including rain, mud, snow, and ice brought in by pedestrians, may make the premises dangerous. But the mere presence of the weather doesn’t necessarily make all possible hazards legal.
But What If the Property Owner Is a Public Entity?
The North Carolina statute that governs tort cases relating to public properties in North Carolina is the North Carolina Tort Claims Act, and it should be brought before the Industrial Commission under G.S. 143-291.
What Kind of Damages are Claimable?
A Greenville property accident lawyer will claim damages that include the cost of treatment, hospital bills, doctor’s expenses, surgery, physical therapy, medications, loss of income, pain and suffering, restricted movement, and the inability to live a quality life.
Generally, the statute of limitations of personal injury actions in North Carolina is three years per G.S. 1-52. But there are exceptions. Better safe than sorry.
When Expert Witnesses Are Needed
Expert witnesses bolster your case by giving jurors explanations about technical or medical information they do not fully understand on their own. The North Carolina slip injury attorney case decides what experts you need.
- Safety expert: explains why the walking surface is dangerous
- Medical doctor: links the accident to the actual injuries suffered
- Economist: evaluates loss of future earning capacity
Slip and Fall Lawyer in Greenville! Get Help Now!
If you need a slip and fall attorney Greenville, our highly experienced lawyers from the Tatum & Atkinson Law Firm will help you assess your case and gather evidence.Â
We will help you answer any questions that you might have if you need a North Carolina slip injury attorney, a Greenville premises liability attorney, or a slip accident lawyer Greenville NC.
The first consultation would cost you absolutely nothing, and you owe us nothing if we don’t win your case. Call us at (800) 529-0804 today.
FAQs About Greenville Slip and Fall Claims!
How much is my claim worth?
That depends on your injuries, your medical expenses, your loss of earnings, the long-term effects, and the ability to prove that the accident resulted from negligence.
Can I sue a grocery store?
Yes, if your injury was caused by the unsafe conditions of which the store knew or should have known. In this case, you have every right to sue the grocery store for your slip and fall accident.
What if no warning sign existed?
A warning sign not existing is an offense, but even if it existed, a warning sign couldn’t have helped you in this case, and you will have to prove hazard, notice, injury, and causation.
Can I recover if I slipped at work?
Maybe. It ultimately depends on the evidence you can provide and the fault you can prove. You may be entitled to file a workers’ compensation claim in addition to an action against the negligent party.
What is involved in contributory negligence?
Many states have this law. The law of contributory negligence in the state of North Carolina states that you will recover little in a situation in which you were even 1% at fault because you were partly to blame for the accident.