Do I Have a Case for a Slip and Fall Claim at a Business?
Have you been involved in a slip and fall incident on the property of a business? Did you experience an injury? If so, there is a possibility the owner of that business may be responsible for the accident and any injuries that occurred because of it. After all, it is up to the owner of a business to provide a safe environment for those entering the property.
An essential first step in a personal injury case is to consult with an attorney. They can review the specifics of the incident and determine if you have a credible claim. There are some important factors you need to know about slip and fall cases and what the legal system requires regarding burden of proof for personal injury lawsuits.
If you have been involved in a slip and fall at a business and aren’t sure if your situation qualifies for a claim, continue reading. Our team has provided an overview to better understand slip and fall situations.
Proving Your Case
When it comes to a slip and fall incident, it is important to seek an attorney immediately, as they will assist you with evidence gathering – and the closer to the time of the accident, the better. Business owners have a responsibility to provide a safe environment to visitors. So, in order to establish a claim, there are three major areas a plaintiff must provide evidence:
- Negligence: A defendant had a duty of care obligation that has been breached and resulted in the plaintiff being injured.
- Liability: A defendant was negligent in maintaining the premises, and thus failed to uphold their duty of care and is liable for harm. Failure to provide notice of a hidden danger can also lead to liability.
- Fault: The negligence or breach of duty was a significant factor in the plaintiff’s injury.
In N.C. contributory negligence bars a claim. If the person who fell should have seen and avoided the danger, the claim will fail.
Understanding Damage Awards
Damage award claims can vary depending on the findings in a case. If a business owner is at fault and a claim is awarded, you could receive compensation for these areas:
- Wages lost
- Medical costs (past, present and future expenses)
- Emotional anxiety or mental health issues related to the accident
- Future income loss
- Permanent disfigurement or disability
- Pain and suffering
Economic recovery will also depend on the seriousness of the injuries you sustained and the ability to return to a normal life without permanent effects on your health and well-being.
Knowing When To File A Claim
In North Carolina, the statute of limitations to file a slip and fall personal injury lawsuit is three years. The clock is running from the time the accident first occurs. It is important to seek medical attention and document as much information as you can about the accident. If you fail to file your claim within the designated three-year period, the court will dismiss your case.
Get Experienced Legal Representation
At Glenn, Mills, Fisher and Mahoney, P.A. (GMFM) we help clients get compensated for losses due to the negligence or wrongs of others. We offer trusted, high-quality legal representation throughout North Carolina. Contact us today for a case evaluation!