How to Prove Fault in a Slip and Fall Accident

Proving fault after a slip-and-fall accident requires demonstrating that another party’s actions or inaction directly caused your injuries. In North Carolina, this issue of fault is especially important because if the injured person bears any personal responsibility, he or she may be ineligible to seek compensation. 

A skilled slip and fall accident lawyer from The Law Offices of John Drew Warlick, P.A. can explain your legal options.

What Is a Slip-and-Fall Accident?

A slip-and-fall accident happens when someone falls and suffers injuries as a result of unsafe conditions on someone else’s property. Unsafe conditions may include:

• Wet floors
• Uneven surfaces
• Broken stairs
• Poor lighting
• Unsecured pools.

Property owners in North Carolina are legally required to ensure their properties are safe for visitors. Failing to do so could lead to injuries for which the property owner may be held legally responsible.

What Should I Do If I Have Been Injured in a Slip-and-Fall Accident?

After a slip-and-fall accident, taking certain steps can help preserve evidence of the property owner’s negligence:

Document the Scene

Take pictures or record videos of the hazard that caused your fall to document the conditions. This evidence is critical to prove the property owner’s liability because hazards such as spills or uneven surfaces can be fixed quickly. Photographic evidence can preserve what the scene looked like at the time of the accident. Visual proof from the accident scene helps paint a clear picture of the conditions that led to your injury and can help an experienced personal injury attorney prove fault.

Seek Medical Attention

Seeing a doctor after a slip-and-fall accident is important to protect your health and to link your injuries to the slip-and-fall accident. A medical check-up can reveal hidden injuries and give you a clear timeline of your recovery. Without these records, it may be harder to link your injuries to the accident.

Report the Accident

Let the owner or manager of the property know about the incident and ask for a copy of the report. Filing an official report establishes a paper trail and shows you took the incident seriously. Be sure to request a copy of the accident report for your records. Incident reports can play a major role in providing evidence of someone else’s carelessness and proving your slip-and-fall case later.

Keep Accurate Records

Keep all receipts, medical bills, and documents related to your injury. This could be medical bills, proof of missed work, or anything else that shows how the accident affected your finances. Detailed records make it easier to build a strong slip-and-fall case and work toward fair compensation.

What Evidence is Needed to Prove the Property Owner Was Negligent?

Demonstrating the property owner’s negligence is a critical part of your case. Your attorney must prove that:

• The property owner or manager was required to exercise a duty of care — This means showing that the owner or manager is responsible for ensuring the safety of the property for visitors. For example, if you were invited as a customer or guest onto the property, the property owner is legally obligated to keep the property in reasonably safe condition to prevent injuries. If the property owner fails to fulfill their duty and a fall occurs as a result, the property owner may be found negligent.
• A property owner failed to meet their duty by failing to remove a hazardous condition in a timely manner — You’ll need evidence to demonstrate that the owner ignored or overlooked a dangerous condition. Common types of evidence include:
  • Photos or videos of the hazard
  • Maintenance records or logs
  • Witness statements
  • Surveillance footage

This shows that the property hazard was a preventable risk that the property owner or manager failed to address.

• The property owner’s failure caused your injuries — It’s essential to gather evidence that connects the hazardous condition directly to your accident and subsequent injuries. Medical records, photos from the scene, and expert testimony can all help establish this link. Without this connection, the property owner could argue that something else caused your injury.
• Your injuries led to financial or personal losses — Evidence like medical bills, proof of lost wages, and documentation of pain and suffering shows the extent to which the accident adversely affected your life. This step is crucial because it justifies the compensation you are seeking, whether it’s for medical costs, emotional distress, or other damages.

What Is the North Carolina Contributory Negligence Rule?

The rule of pure contributory negligence guides personal injury claims in North Carolina. As a result, if you are partly at fault for a premises liability accident, you won’t be able to receive any compensation. A slip and fall accident lawyer serving North Carolina can help you build a strong case and push back against attempts by insurance companies to blame you unfairly for the accident.

What Happens If My Slip and Fall Happens at Work?

If your slip-and-fall accident occurs at work, you may be eligible to file a workers’ compensation claim with your employer’s workers comp insurance.

Workers’ compensation generally covers medical expenses and lost wages but does not include compensation for pain and suffering. For most full-time and part-time employees injured in on-the-job accidents, a workers’ compensation claim is the only avenue for seeking benefits. An experienced slip-and-fall accident attorney can help you explore all the options available to you.

Is There a Deadline for Filing a Slip-and-Fall Accident Lawsuit in North Carolina?

In North Carolina, slip-and-fall victims usually have up to three years from the date of the accident to take legal action by filing a personal injury lawsuit. If you file your claim after the filing deadline passes, the court will most likely dismiss your case. Therefore, you will not be eligible receive fair compensation for your costs and losses. That’s why it’s important to contact a North Carolina slip-and-fall accident lawyer as soon as possible.

Contact a North Carolina Slip and Fall Accident Lawyer

At The Law Offices of John Drew Warlick, P.A., we’ve proudly served the Jacksonville, North Carolina area for three generations. If you are dealing with painful injuries and financial burdens from a personal injury case, you need the guidance of a slip-and-fall lawyer. Our compassionate accident lawyers are here to help you understand your rights and guide you every step of the way if you need to file a fall claim or a slip-and-fall lawsuit. Whether your injury occurred at a business, private property, or workplace, we have the resources and legal knowledge to provide trusted legal representation.

Our law firm has built a reputation for personalized legal representation. When you work with us, you’ll have direct communication with your slip-and-fall lawyer and a legal team that understands the special needs of military families. Let us put our extensive experience to work for you.

Call us or contact us online today for a free consultation. Let’s work together to pursue the compensation you deserve.

Visit Our North Carolina Slip and Fall Accident Law Offices