Slip & Fall Lawyers in North Carolina

Duty of Care for Different Types of Visitors

North Carolina law divides visitors into three main categories—invitees, licensees, and trespassers—and property owners owe different levels of care depending on the visitor’s status.

• Invitees: These are individuals who enter a property for the benefit of the property owner, such as customers at a store or tenants in an apartment complex. Property owners owe invitees the highest duty of care. This includes regularly inspecting the property for hazards and addressing dangerous conditions as soon as possible. Failure to do so can result in liability if an invitee slips and falls.
• Licensees: These are individuals who are on the property for their own benefit, such as social guests or someone visiting a friend. Property owners must warn licensees of any known dangers but are not required to actively inspect the property for hazards. If a licensee slips and falls due to a hazard the property owner knew about and failed to warn the visitor, the owner could be held liable.
• Trespassers: Property owners generally do not owe a duty of care to trespassers. However, there are exceptions, particularly for child trespassers. Under the “attractive nuisance doctrine,” property owners may be liable for injuries if a child is drawn to a hazardous condition, such as an unfenced swimming pool or construction site. In such cases, the property owner may be required to secure the area to prevent accidents.

Statute of Limitations for Slip & Fall Claims

In North Carolina, the statute of limitations for filing a slip and fall lawsuit is three years from the date of the accident. This means that if you’ve been injured in a slip and fall, you must file your claim within this three-year window, or you may lose your right to seek compensation. It’s important to begin the legal process as soon as possible, as delays can make it more difficult to gather necessary evidence and build a strong case.

Contributory Negligence in Slip & Fall Cases

North Carolina follows the strict doctrine of contributory negligence, which can have a significant impact on slip and fall claims. Under this rule, if the injured party is found to be even 1% at fault for their accident, they may be barred from recovering any compensation.

For example, if you were distracted by your phone and slipped on a wet floor, the property owner may argue that you share some responsibility for the fall. This makes it critical to have experienced legal representation to counter any claims that you were partially at fault for the accident. An attorney can help gather evidence that shows the property owner’s negligence was the primary cause of your injuries.

Proving Liability in a North Carolina Slip & Fall Case

To hold a property owner liable for a slip and fall accident, you must prove several key elements:

• Duty of Care: The property owner owed you a duty of care as an invitee or licensee.
• Breach of Duty: The property owner failed to maintain the premises in a reasonably safe condition or did not warn of known hazards.
• Causation: The hazardous condition directly caused your slip and fall accident.
• Damages: You suffered measurable damages, such as medical bills, lost wages, or pain and suffering, as a result of the fall.

Contact Our Slip & Fall Lawyers in North Carolina for a Free Consultation

If you were injured in a slip and fall accident and suffered significant damages as a result, Lanier Law Group, P.A. can help. We have the experience, skill, and resources required to navigate the legal process on your behalf. Plus, with multiple offices located throughout North Carolina we are well-equipped to serve clients across the state. Our North Carolina slip and fall attorneys can be found in Asheville, Burlington, Charlotte, Durham, Fayetteville, Piedmont Triad, Greenville, Raleigh, and Wilmington.

We answer our phones around the clock, and we also offer weekend appointments and consultations. There are also no upfront fees when you choose to work with us and, if we don’t recover compensation in your case, you don’t pay.