Wilmington Slip & Fall Lawyer

It’s essential to be seen by a healthcare professional as soon as possible after falling on another party’s property. A slight sprain or general soreness could prove much more serious, underscoring the need for prompt medical attention. Slip-and-fall injuries range from knee and ankle twists to debilitating fractures and concussions.

Some of the common injuries cited in slip and fall lawsuits include:

• Bone breaks and fractures of the hip, pelvis, wrists, and arms
• Spinal cord injuries
• Trauma to the brachial plexus nerves
• Traumatic brain injury
• Deep lacerations
• Torn and ruptured ligaments and tendons
• Facial and dental injuries
• Herniated and ruptured discs
• Sprains and muscle contusions

Medical expenses can quickly become overwhelming when slip and fall injuries require hospitalization, surgery, or extensive recovery. Our legal team works diligently to build a strong claim and recover the financial resources needed to get your life back on track.

When Is a Property Owner Liable for a Slip & Fall Accident?

A slip-and-fall accident at the shopping mall or grocery store does not warrant litigation unless certain factors are present. To bring a successful claim against a property owner or operator, your Wilmington personal injury lawyer must prove the following elements:

• The property owner or operating manager owed you a duty of care
• You were legally on the property when the accident occurred and were not trespassing
• A hazard existed on the premises
• The property owner knew or should have known about the unsafe condition and the foreseeable risk of injury it could pose
• The property owner did not take reasonable measures to remedy the dangerous condition or alert visitors about its presence
• You suffered a demonstrable injury because of the slip-and-fall hazard
• You sustained economic harm as a direct result of your accident, incurring medical bills, lost income, and other losses

What Constitutes an “Unsafe” Property Condition?

What constitutes an unsafe property condition in Wilmington, North Carolina? In the context of premises liability law and slip and fall cases, most people think of a recently waxed or mopped floor. However, an unsafe condition can be anything that poses an undue risk of injury to persons on the property.

For example, stairways and walking surfaces must be clean, dry, and free of clutter and tripping hazards. Loose tiles or wood planks must be securely anchored, and spilled liquids must be promptly cleaned. Business and property owners have a legal obligation to routinely inspect their grounds for unsafe conditions and remedy them as soon as possible. When establishing liability, your lawyer must ascertain if the dangerous condition existed for a long enough period that  the property owner should have discovered it through reasonable care.

Your legal counsel must also demonstrate that the fall did not result from your own carelessness or inattention. In this scenario, contributory negligence could prevent you from recovering monetary damages from the defendant.

What Damages Can I Claim in A Slip & Fall Case?

Under North Carolina personal injury laws, plaintiffs may pursue compensation for the economic and non-economic damages attributed to the defendant’s negligence. While every slip and fall claim is unique, the vast majority of claimants will seek reparations for:

• Medical expenses for the diagnosis and treatment of your injuries, including E.R. fees, surgery, hospital costs, prescription medications, and more
• Lost income during your recovery
• Loss of future earnings if your injuries hinder your ability to work
• Physical therapy and rehabilitation expenses
• Pain and suffering
• Emotional distress
• Loss of spousal consortium
• Loss of enjoyment of life due to permanent disabilities

Statute of Limitations for N.C. Slip and Fall Lawsuits

North Carolina imposes a statute of limitations for all personal injury matters, including slip and fall accident claims. You have three years from the date the accident occurs to file a lawsuit. The courts will likely dismiss any lawsuit filed after the statute expires.

It’s in your best interest to seek legal counsel after any personal injury as quickly as possible. That way, evidence is more easily preserved, and your slip and fall attorney can ensure deadlines are met and the greatest recovery is achieved.