Slip-and-fall accidents can result in severe injuries that can cause physical, emotional, and financial hardships. These incidents are often preventable and happen because property owners or businesses neglect their legal obligation to maintain reasonably safe conditions. Proving negligence is essential for holding the responsible party accountable and securing fair compensation. However, demonstrating negligence can be complicated and requires a thorough understanding of North Carolina premises liability law.
If you suffered injuries in a slip-and-fall accident, an experienced attorney can provide the legal advocacy you need to secure maximum compensation for your losses. Kreger Brodish LLP is a trusted personal injury firm with extensive experience handling premises liability cases. We’re committed to guiding you through every step of the legal process. Contact us today for a free consultation with an experienced slip-and-fall lawyer in Durham, NC.
Why Choose Our Firm?
At Kreger Brodish LLP, we recognize the life-changing impact a slip-and-fall accident can have on your life. For over 10 years, our personal injury attorneys have helped North Carolinians recover compensation for injuries caused by someone else’s carelessness. We know what it takes to build a powerful case from start to finish. Our legal team will meticulously gather evidence, identify key details, and anticipate potential arguments from the defense to strengthen your position throughout the claims process.
Our law firm prides itself on providing personalized client care, so you’ll have our constant support at every stage. We understand each case is unique, so we tailor our strategies to meet your needs and concerns. By choosing Kreger Brodish LLP, you’re not just getting legal representation. You are gaining a dedicated partner focused on managing your slip-and-fall claim and fighting to secure the best possible outcome.
Elements Needed to Prove Negligence
In your slip-and-fall case, proving negligence involves demonstrating four key elements
- Duty of care – The property owner has a legal duty to ensure their place is safe for visitors. Their degree of responsibility depends on whether you were a lawful visitor or trespassing.
- Breach of duty – You must show the landowner did not fulfill their responsibility to keep their premises free of foreseeable hazards. This could mean they didn’t address things like broken railings or wet floors ground or put up warning signs about hazards.
- Causation – Next, you must prove the owner’s failure to keep the property safe led to your slip and fall and subsequent injuries. Proving this connection often requires solid evidence, like videos, witnesses, or expert opinions.
- Damages – Finally, you must establish you suffered actual harm, such as medical bills, lost income, or pain and suffering, because of the accident. Showing proof of these losses is crucial to get fair compensation.
Common Causes of Slip-and-Fall Accidents
Falls happen for various reasons and can occur anywhere, including at stores, restaurants, hotels, and private residences. Some of the most common causes of slip-and-fall accidents include:
- Wet or slippery surfaces – Spills, leaks, or recently mopped floors without warning signs can create dangerous situations.
- Uneven floors or walkways – Cracks, potholes, and uneven tiles can lead individuals to trip and fall.
- Poor lighting – Bad lighting in stairwells, parking lots, or hallways can make it difficult for individuals to spot any nearby risks.
- Blocked pathways – Items left in walkways or other unexpected obstructions pose risks to passersby.
- Missing or loose handrails – Outdated, broken, or poorly designed stairways and ramps can increase the risk of falls, especially for individuals with mobility challenges.
Collecting Evidence to Prove Negligence
Successfully proving negligence in a slip-and-fall claim requires gathering robust evidence to support the case. Examples of evidence may include:
- Medical records – Your medical records are key to showing the extent of your injuries. This documentation usually includes doctor’s reports, X-rays, and any treatment plans you were prescribed for healing, such as physical therapy or pain medications. Medical records clarify what harm the accident caused and form the basis of every personal injury claim.
- Photos and videos – Take pictures or videos of the hazards that caused your fall immediately, if possible. By the time you return to the location, the evidence could be cleared away. It’s best to capture the dangerous condition when the accident scene is unchanged.
- Security camera footage – If you slipped and fell somewhere with security cameras, like a store or parking lot, getting a copy of the footage can show precisely what happened. This visual evidence can prove a hazard existed on the property and reveal whether the property owner was doing their job to keep the area safe.
- Witness statements – If anyone saw the slip-and-fall accident, their statements can strengthen your case. Witnesses can offer an unbiased testimony of what caused the fall and the conditions at the time, so get their name and contact information if you can.
- Maintenance records – Records showing how often the property received routine inspections or maintenance can reveal whether the owner handled hazards appropriately. If there’s little or no record of upkeep, it may help prove they didn’t meet their safety responsibilities.
The Role of Contributory Negligence in Durham, NC
North Carolina is a pure contributory negligence state, which complicates personal injury cases and raises the stakes for plaintiffs and defendants alike. This law states that if the injured person (the plaintiff) is even one percent responsible for the slip and fall, they lose the ability to recover any compensation for their injuries.
Let’s say the court decides the injured person wasn’t paying attention or did something that might have contributed to the fall, such as looking down at their phone. In a slip-and-fall case, that could mean the victim gets nothing, even if the property owner was primarily at fault. With such a harsh standard to beat, it’s vital to have an experienced premises liability attorney in your corner to defend you from unfair claims of fault.
Our Durham slip-and-fall attorneys will work to build a strong case showing the property owner was responsible for the unsafe condition. They will gather evidence and demonstrate how the property owner’s negligence led to the incident that injured you. With a good lawyer on your side, you have a better chance of securing full and fair compensation despite North Carolina’s strict contributory negligence rule.
How an Attorney Can Help Prove Negligence
At Kreger Brodish LLP, our slip-and-fall lawyers will systematically work to prove the property owner’s negligence and liability for your injuries. We will:
- Investigate the accident – We leave no stone unturned when gathering evidence to build a persuasive case.
- Consult with experts – Our legal team has good working relationships with industry-leading experts like doctors, engineers, and safety specialists who can explain the dangerous conditions and injuries you suffered, giving credibility to your claim. Their insights can make a huge difference when proving the property was unsafe.
- Defend against blame – The other side might try to put some or all blame for the accident on you or claim that the hazard was obvious and could have been avoided. A slip-and-fall attorney can recognize these tactics and push back, keeping the focus on the property owner’s responsibility.
- Negotiate for maximum compensation – We handle all discussions with the insurance companies, pushing aggressively for a full settlement that reflects the full extent of your losses. This way, you don’t have to deal with their pressure or lowball offers. You can focus on healing from your injuries and leave the legal legwork to us.
What to Do After a Slip-and-Fall Accident
If you suffered injuries in a slip-and-fall accident, taking the following steps can help protect your rights and strengthen your claim:
- Seek medical attention – See a doctor even if you initially feel OK. You need to rule out hidden injuries like concussions or soft-tissue injuries. This step will also document your injuries and demonstrate their connection to the incident.
- Report the accident – Let the property owner or manager know what happened. Ask for a written incident report and keep a copy for your records.
- Collect evidence – Take pictures or videos of the accident scene, especially the hazard that caused your injuries. If anyone saw the accident, get their contact information so they can provide a statement later.
- Watch what you say – Don’t admit fault or downplay your injuries. Anything you say could be used against you later.
- Talk to a Durham slip-and-fall accident lawyer – Reach out to an attorney with experience handling premises liability claims for legal guidance.
Contact Our North Carolina Slip-and-Fall Lawyers for Help
If you slipped and fell on someone else’s property in Durham, you could be entitled to compensation for any injuries you sustained. You don’t have to handle the situation on your own. An experienced premises liability lawyer at Kreger Brodish LLP can manage the legal process and fight for the fair compensation you deserve.
Our lawyers know this can be an overwhelming experience and are committed to providing solid, compassionate support for you and your loved ones. Call or contact us today for a free consultation.
