Cary Slip and Fall Lawyer
Slips and falls could happen in any number of ways. Perhaps a grocery store has failed to appropriately warn you of a spill in an aisle. A shop owner may bear liability for the broken sidewalks outside their storefront. Even private homeowners could be held legally accountable if a dangerous condition on their property causes you to fall and sustain an injury.
Because these land and property owners have a duty to protect their visitors from accidental harm, they often carry civil liability in case of an injury. A Cary slip and fall lawyer could explain your rights under North Carolina law, gather evidence of the incident, and demand appropriate compensation in settlement talks and at trial. If you were injured by someone else’s negligence, a premises liability attorney could help you file an injury claim and work towards a favorable outcome.
The Rights of Property Visitors in Cary
North Carolina utilizes a simplified version of traditional premises liability law. The landmark case of Nelson v. Freeland, 349 N.C. 615, 507 S.E.2d 882 (1998) states that landowners in Cary and throughout the state must take reasonable care to protect any lawful visitor from injury.
To file a successful slip and fall claim under premises liability law, it is necessary to determine whether a visitor is lawful. Any invited visitor is lawful regardless of their specific motivations for entering the land and is therefore owed a reasonable duty of care.
However, if a person enters another’s land without the owner’s permission, they are considered a trespasser. The law states that landowners must only refrain from intentionally injuring a trespasser, such as by setting a trap.
It falls to the court to determine whether any steps taken by a landowner to protect a visitor were reasonable. However, evidence that a property owner—for example—knew of a broken sidewalk or that a grocery store failed to place a warning sign around a wet floor may indicate a failure to protect an invited visitor. In these cases, a slip and fall attorney in Cary could help injured people better understand the basis of premises liability law and the potential for a claim for compensation.
What is Recoverable After a Falling Accident?
At the center of any slip and fall claim is some kind of physical harm. Examples of common injuries in slips and falls include:
- Severe cuts or bruising
- Sprained tendons or ligaments
- Broken bones
- Separated joints
The injury may force an injured person to miss significant time at work or could lead to severe mental anguish associated with the incident. In a legal claim, an at-fault defendant may be responsible to provide compensation for this lost income and to provide payments to compensate victims for their non-economic losses.
A slip and fall injury claim in Cary could also demand payment for any outstanding medical bills associated with the injury. However, the claim must take the full impact of the incident upon the plaintiff’s life into account.
No matter how severe the injury, a plaintiff and their attorney have only a limited time to pursue a case. North Carolina General Statutes §1-52 states that people who suffer personal injuries have only three years from the date of injury to pursue damages in court. Failing to meet this deadline could result in potential plaintiffs losing their right to seek damages for that injury entirely.
Contact a Cary Slip and Fall Attorney Today
Slip and falls that occur on someone else’s property are unfortunately common and often result in severe injuries that may forever change your life. However, the law does not automatically assume that the landowner is responsible when such injuries occur on someone else’s property.
A Cary slip and fall lawyer may be able to investigate a landowner’s fault on your behalf. Allow a focused legal presentative to explain the relevant laws, discover the relevant facts in the case, and demand appropriate compensation for the potentially negligent party. Get in touch today to learn how you may be able to recover compensation in your case.