New Bern Slip and Fall Lawyer
When a slip and fall occurs, many people focus on the embarrassment of falling in a public place. Rarely do they consider how much damage a slip and fall can actually cause beyond just embarrassment. A fall of even a short distance could result in serious injury.
If a slip and fall accident leaves you injured, you may be entitled to compensation for your injuries. Contact a New Bern slip and fall lawyer to ensure that your damages are not dismissed by the party responsible for them. It could be imperative to discuss your case with a skilled personal injury lawyer as soon as you can.
What is Commercial Liability for Slips and Falls?
There are numerous common hazards that can result in a slip and fall on commercial business property, many of which could have been avoided if the managers or owners of that business took certain preventative steps.
For example, injuries may occur when a parking lot or parking structure is not well-maintained, or when employees fail to put signage out to make customers aware of wet floors or other unusual conditions in a store. On top of potentially leaving dangerous conditions unmanaged, failure to regularly maintain property also limits the staff’s opportunity to become aware of defects.
As a New Bern slip and fall lawyer knows commercial business owners and their tenants are required to maintain their facility in a condition that makes it safe for use. For instance, if a store has a handrail, that handrail must be securely attached so that a person using is not at risk of injury.
Fault Standard for New Bern Slip and Fall Cases
In slip and fall cases, courts in New Bern, North Carolina use a contributory negligence standard. Under this standard, victims are permitted to recover when the accident that resulted in their injury was the fault of another person, but only if they did not bear any fault themselves in causing the accident.
Under a contributory negligence standard, an individual skateboarding down a ramp at a retail store where no skateboarding is permitted may be unable to recover if they slip and fall because the handrail is broken. While the retail owner is obligated to maintain their property, which includes ensuring that the handrail is secured, the court may find that the injured victim bears some responsibility for their injury because they were skateboarding in an area where it is prohibited.
Statute of Limitations
If an injured person fails to file a claim in court citing an injury on another’s property, the case can be time-barred if the claim is not filed in a timely fashion. In New Bern, North Carolina, a slip and fall victim has three years from the date of their injury to file a claim when the injury stems from a property owner’s negligence. However, if the injury stems from defective property or the property being left in an unsafe condition, an injured victim has six years to file a claim in court.
How A New Bern Slip and Fall Attorney Could Help
There are many injuries that could be exacerbated by delaying medical treatment or not seeking medical treatment. Anyone who is injured in a slip and fall accident can immediately act in their own best interests by seeking medical treatment. In fact, you should do this regardless of whether you feel pain immediately after a slip and fall accident, as some injuries may not be apparent until some time after the incident.
After taking care of yourself physically, consider retaining an experienced New Bern slip and fall lawyer to help you legally. A qualified attorney could examine the elements of your case, advise you on how best to approach filing suit, and be your advocate every step of the way.