Slip & Fall Cases in Coastal North and South Carolina

The lawyers at Lea, Rhine & Rosbrugh, P.L.L.C. have settled or tried numerous accident cases where a visitor was injured at a store, restaurant, work sites or other place of business.

In general terms, "slip and fall" accidents refer to situations where a person is injured by slipping, or tripping, and falling due to a dangerous condition on the premises. Such falls can happen inside or outside a building, and be caused by such conditions as bad flooring, wet floors, poorly lighted steps, or, in the case of outdoor accidents, weather-related or hidden hazards.

All slip and fall accidents are covered by negligence law and deal with the concept of premises liability. North Carolina law in this area has evolved over the years. The previous common law distinctions of invitee, licensee and trespasser have been replaced. Instead, our courts have adopted a new standard of care for landowners: reasonable care toward all lawful visitors. A separate classification and duty remains as to trespassers.

With respect to lawful visitors, the elements of the cases we assert are:

• The Plaintiff was injured by a defect or condition on premises owned or controlled by the defendant;
• Plaintiff's injury was proximately caused by the defendant's failure to:
  • Keep the premises in a reasonably safe condition; and
  • To warn of hidden perils or unsafe conditions known by the defendant to which it could have discovered by undertaking a reasonable inspection

In our cases, we have successfully argued on numerous occasions that the owner's violation of the North Carolina Building Code is negligence per se, meaning it is negligence as a matter of law.

The main battle in these cases typically surrounds contributory negligence. In this regard, a visitor must use reasonable care commensurate with the normal activities of the establishment he or she is visiting and must keep a proper lookout for his or her own safety. Basically if the defect is obvious and an ordinary prudent person would avoid the danger, the Plaintiff's claim will fail. However, numerous exceptions exist, such as when a unique condition exists that would divert the attention of an ordinary prudent person from discovering the defect. This is often argued when the attention of the visitor is purposely diverted from the floor.

If you experience a slip and fall accident, you should try to determine what made you fall and if it could have been anticipated and prevented. If anyone saw you fall, be sure you get the names and addresses of all witnesses. Try to note the conditions in the area – was the lighting poor, was there some substance that made you slip. If you did slip because of something on the floor, try to obtain a sample. Also, try to get pictures of the area. Report any such accident to the manager or owner and insist that they make a record of it.

It is your responsibility to prove that a hazard existed and that it was the cause of your accident.

If you or a loved one is in need of legal assistance in a slip and fall accident that caused serious injury, call Lea, Rhine & Rosbrugh, P.L.L.C. at 910-772-9960 or toll free at 1-866-772-9960 or submit an online questionnaire. A lawsuit must be filed before an applicable expiration date, so please call right away to ensure that you do not waive your right to possible compensation.