When you slip and fall in a public place in Mooresville, such as a retail store, restaurant, grocery store, or apartment complex, your first reaction may be embarrassment. But what if you were really hurt? If you slipped and fell because a property owner or manager didn’t maintain their property so that it was safe for visitors, you could be entitled to compensation.
You need the services of a Mooresville slip and fall lawyer from Schwaba Law Firm. We can advise you on pursuing the compensation you deserve for your injuries, whether through an insurance claim or a lawsuit heard in Iredell County courts.
Contact us today for your free, no-obligation consultation to learn how we can help. Your case review is fully confidential, and you pay nothing unless we successfully resolve your matter.
What Is a Slip and Fall Case Under North Carolina Law?
In North Carolina, a slip and fall accident falls under premises liability law. That means the property owner or property manager at the accident location could be held liable. A lawyer for a slip and fall can investigate to identify the responsible party.
Property owners in North Carolina have a duty to use reasonable care to maintain their property for lawful visitors, which applies as follows:
- Invitees – These people are usually customers or employees. Property owners must maintain safe conditions throughout the property and warn visitors of known hazards.
- Licensee – Social invitees qualify as licensees. Owners must warn of known hazards that are not open and obvious.
- Trespassers – Owners have no duty toward trespassers, other than to avoid willfully harming them.
In a slip and fall accident, a person’s foot slips on a slick surface. The person generally falls backward, as their foot slips forward. A trip and fall accident, on the other hand, occurs when someone trips over an object in their path. When someone trips, they usually fall forward, as the object tends to keep their foot or ankle behind as their body moves forward.
Common Causes of Slip and Fall Accidents in Mooresville
A number of situations can result in a slip and fall accident on someone else’s property, such as the following:
- Wet grocery store floors
- Uneven sidewalks
- Poor or no lighting
- Spills in big-box retail stores
- Icy entryways (seasonal)
- Broken or missing handrails in stairways
- Recently mopped or waxed floors
- Greasy or oily floors
- Parking lot potholes
- Loose extension cords and electrical wires
Proving Negligence in a North Carolina Slip and Fall Claim
You must prove that a property owner’s negligence caused you to slip or trip and fall on their property to collect compensation for your injuries. You can establish that the property owner was negligent by proving the following elements:
- Duty of Care – Property owners have a legal duty to maintain their premises in a safe condition for visitors.
- Breach of Duty – The property owner breached that duty by failing to address a hazardous condition or failing to warn you about the condition.
- Causation – You must prove that your fall occurred because of the hazardous condition and that your injuries were a direct result of the fall.
- Damages – You must prove that you suffered actual injuries, or damages, which could include medical bills, lost wages, pain and suffering, or other financial losses.
Legal Elements You Must Prove in a North Carolina Slip and Fall Case
If you’re asking yourself, “Should I get a lawyer for a slip and fall?” the answer is definitely yes. Not only do you have to prove the property owner was negligent, but you’ll also have to prove that you were not at fault for the accident in any way. Proving that you shared no fault is necessary because of North Carolina’s contributory negligence rule.
The contributory negligence rule states that an injured person is prohibited from obtaining any compensation for their injuries if they were even 1 percent at fault for the accident that caused them injuries. This is why you’ll need an attorney.
To secure compensation for a slip and fall accident, you need to file a claim with the at-fault party’s insurance company. However, insurance companies are for-profit entities, and if they pay large claims, their bottom line suffers. For this reason, their insurance claims workers, called “adjusters,” work to minimize or deny claims whenever possible.
When an insurance adjuster gets your claim, they will immediately look for ways to shift blame for the accident onto you. Remember, being even 1 percent to blame for the accident bars you from receiving compensation. The adjuster may claim that your slippery-soled shoes were the actual cause of the accident and deny your claim.
Don’t take the insurer’s word for it. When you have a trip and fall accident attorney to represent you, they can counter the insurance adjuster’s tactics, dig up all the strong evidence available to support your claim, and take your case to court if necessary.
What Compensation Can You Recover?
Through your insurance claim or lawsuit, you can seek compensation for the following:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Permanent disability
- Emotional distress
- Future medical costs
- Loss of enjoyment of life
Speak With a Mooresville Slip and Fall Lawyer at Schwaba
After a Mooresville slip and fall accident, don’t bother doing a Google search for “slip and fall lawyer near me.” Instead pick up the phone and call the slip and fall accident lawyers at Schwaba Law Firm.
Since 2010, our firm has provided high-level professional services to injured North Carolinians and secured maximum compensation for our clients. We’ve obtained millions in settlements and awards for our clients, including $325,000 in a premises liability case.
One of our strengths is our ability to perform intensive investigations into our clients’ cases. Additionally, our lawyers pursue justice aggressively, which means we plan every case as though it will go to trial. We are determined to hold responsible parties to account when they harm people.
After working with us, one of our satisfied clients wrote:
“I cannot say enough good about this law firm. Andy made us feel like family. He was there at our side every moment. Never did we feel like a client. He fought for us as if we were his own family…He is not just a great lawyer. He is a good man. I would definitely go to him again…” ‒ Love Light
When you’ve been injured because of a property owner’s negligence, don’t let the insurance company tell you what your case is worth. Instead, call the reputable injury attorneys at Schwaba Law Firm. You pay nothing up front when you hire us, and if we don’t get money for you, you won’t owe us any attorney fees.
Contact us today for your free, no-obligation consultation and discover how an attorney for slip and fall accidents can make a difference.
