Approaching a Winston-Salem Slip and Fall Case
As defined by Winston-Salem law, a slip and fall accident is a situation where someone is injured by falling while on the premises of another. The fact that someone is injured on someone else’s property does not automatically entitle a person to recover money damages. In approaching a Winston-Salem slip and fall case, the injured party must prove there was negligence by the property owner.
Slip and fall cases are a sub-category of negligence cases. Back injuries or orthopedic injuries are common. A person falls on an outstretched arm, causing wrist and arm fractures, shoulder injuries, etc. The low back or hips are at risk when someone falls backward. If you have experienced harm due to the negligence or inaction of another party, a distinguished slip and fall lawyer can help you file a claim.
Common Slip and Fall Causes
A major cause is something on the floor, such as water, ice, or other substances or objects. Another common cause is defects on the property, such as a rotten board on a deck, for example, where a person cannot tell it is rotten, steps on it, and falls through. These accidents can also be caused by a defect on the land, as well as by someone’s negligent conduct. If a current case involves a client in a retail location knocked over by an employee with a cart stacked very high. It also falls into the slip and fall category of cases.
In many ways, approaching a Winston-Salem slip and fall cases is typical to other personal injury claims because they involve the law of negligence. One unique thing about negligence in North Carolina is this is a contributory negligence jurisdiction, which means if the injured party is partially at fault for the incident giving rise to their injury, then they cannot recover at all from the premises’ owner. Contributory negligence is often sought by defense attorneys in slip and fall cases because every person has a legal duty to keep a reasonable lookout for their own safety. If there is a defect on the land, the law requires folks to look and see it, and if they can see it, they should take steps to avoid it.
Beginning the Case
When approaching a Winston-Salem slip and fall case, an attorney will initially ask for a very detailed account of the story and whether there were any witnesses involved. They will want to be aware of any video or filmed evidence involved in the case such as retail store or surveillance cameras in the store or parking lot. A big mistake is an admission by the plaintiff that they were not paying attention to where they were walking. That could end the case due to contributory negligence.
Importance of Pictures of the Scene
The jury will want to see the harmful conditions. Businesses will frequently correct the problem that led to the harm, but under the law, you cannot admit the fact that the business corrected the problem as evidence. In evidence law, that is called a subsequent remedial measure. The policy behind the law is an effort to have businesses make their premises safer and not punish them for correcting a dangerous condition by allowing it to be admitted into evidence to prove their negligence.
If someone trips in a parking lot over an object that is the same color as the concrete, and the next day the gas station paints the object bright orange—they are allowed to do this without it being entered as evidence. That is why it is important to take pictures of the scene of the accident when approaching a Winston-Salem slip and fall case. That way, the jury can see the original color of the object as it existed at the time of the accident.
Legal Approaches for the Injured
When approaching a Winston-Salem slip and fall case, an attorney must gather all the facts and available evidence, and then make an informed determination of whether the case is viable. An experienced attorney can assess the facts and the law to have some idea of the likelihood of success. The attorney must show the conditions on the land that the owner knew or should have known about, as well as how they failed to meet the standard. Perhaps the owner failed to fix the issue, failed to perform a reasonable inspection, or failed to provide an adequate warning.