| "Slip and Fall"
Accidents FAQs
What is a "Slip and Fall?"
What is a Dangerous or Hazardous Condition?
What should I do after a "Slip and
Fall" Incident to protect my rights?
Things to Avoid.
Recoverable Damages
What if the injury occurs at work?
What if the injury occurs at a friends house?
If I pursue a claim against the landowner, what
are the main defenses to the suit?
What is a "Slip and Fall?"
"Slip and fall" or "trip and fall" are
generic terms used to describe an injury or accident which
occurs due to slipping or tripping and falling as a result of
a dangerous or hazardous condition on someone else's property.
It includes falls in supermarkets, as well as falls resulting
from water, ice or snow and abrupt changes in flooring, poor
lighting, or a hidden hazard such as a hard to see hole in the
ground.
A person who slips and falls on someone else's property is
not automatically entitled to recover damages for any personal
injuries which follow. The injured person (called the
"plaintiff") must prove that the fall happened
because of the negligence of the property owner or someone
else who could be legally responsible.
North Carolina is one of the few states which still clings
to the "pure contributory negligence rule" which
bars any recovery by an injured person if that person in any
way contributed, by his or her own negligence, to the accident
and injury. In cases of open and obvious hazards, this makes
it very difficult, if not impossible, for the injured party to
recover compensation.
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What is a Dangerous or Hazardous
Condition?
Property owners are legally responsible for injuries occurring
as the result of dangerous or hazardous conditions on their
property only when the property owner knew of the condition,
or through the exercise of due care should have known of the
condition.
The hazard may be obvious (such as a broken stair or
darkened stairway) or hidden (such as a hole in the ground
partially or completely covered by grass). The hazard may not
be apparent (as in flooring which appears normal but is
slippery or rotting). It could be permanent (such as a change
in elevation) or temporary (such as a liquid spill in a
supermarket aisle).
If the hazard is permanent in nature, the owner may
generally, but not always, be held to have at lease
constructive knowledge of its existence. The same is true of
even a temporary hazard created by the owner or by an agent or
employee of the owner.
If the condition is temporary (like a liquid spill), the
length of time the condition existed before the fall occurred
may be significant, since the owner must have a reasonable
period of time in which to discover the hazard and remove it.
If the spill occurred just seconds before the slip and fall,
then there may be no legal liability. However, if the victim
can show that the spill had been present for some time (such
as where the liquid became dirty or discolored), then it maybe
assumed that the owner had reasonable time in which to
discover and remove the hazard, even though the owner did not
have actual knowledge of its existence.
Recovery of damages may not be possible in cases where the
hazard is open and obvious. The law requires everyone to watch
where he or she is going and the failure to keep a reasonable
lookout may constitute contributory negligence, barring the
claim. However, where the owner has, through its actions,
distracted one from looking, then the failure to see the
hazard may not bar the claim. This may especially be true in
retail sales establishments where goods are attractively
displayed for maximum effect.
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What should I do after a "Slip and
Fall" Incident to protect my rights?
Inspect the area where you fell. Try to determine what caused
you to fall. If there are witnesses, be sure and get their
names and addresses. This includes not only anyone who
actually saw you fall, but also anyone who happened upon the
scene right after you fell, and who might have overheard the
owner or an employee make a damaging statement.
If you fell in a store or place of business, speak with the
manager or supervisor on duty. Make sure there is a written
record of the incident, and demand a copy. If anyone makes any
statement which suggests that this has occurred before, or
that they were aware of the condition which caused your fall,
make a mental note and try to get that person's name. As soon
as you are off the premises, write down the name and exactly
what the person said and whoever else may have overheard the
statement.
If the condition is permanent or semi-permanent (such as an
icy sidewalk), have someone take photographs as soon as
possible before the condition changes. Even permanent
conditions may be changed by the passage of time or by the
efforts of a landowner who is afraid of legal liability.
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Things to Avoid.
Be very careful about signing any statement regarding the
incident. Make sure all errors are corrected and all pertinent
facts included before signing anything. It is usually best to
avoid giving a recorded statement, since wily adjusters may be
able to induce you to make a damaging admission, or to
minimize your injury.
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Recoverable Damages
In general, if the plaintiff can prove that the owner is
legally liable for the injury, the following types of damages
may be recovered:
- medical bills incurred as a result of the accident (even
if covered by your own insurance)
- gross lost earnings or income for time lost from work
(includes time lost even if you took vacation or sick
leave to avoid loss of income)
- fair value of clothing damaged
- compensation for pain and suffering
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What if the injury occurs at work?
In North Carolina if a slip and fall injury occurs during the
course and scope of employment, it is covered by Workers'
Compensation, which is the exclusive remedy. However, if a
third party, such as a bottled water company making a
delivery, causes the accident, the third party may be legally
responsible for your injuries. In such a case, it is almost
always a good idea to consult a personal injury or Worker's
Compensation lawyer about the claim, since there are other
issues which complicate matters, such as the employer's right
to reimbursement out of any recovery obtained from the
negligent third party.
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What if the injury occurs at a friends
house?
If the friend is a homeowner, he or she may have homeowner's
insurance to handle the claim. Renters may have renters
insurance for the same purpose. Even if there is no legal
liability, such insurance policies often contain "medical
payments " insurance coverage which will pay, up to the
coverage limits, medical bills incurred as a result of the
accident, even if those bills are also paid by your own
insurance company.
Remember, just because you are injured on someone else's
property, and just because that person may have liability
insurance, it does not necessarily follow that you will
receive compensation.
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If I pursue a claim against the
landowner, what are the main defenses to the suit?
Obviously, the first and most frequently encountered defense
is that of contributory negligence, which completely bars the
claim if proved. Even the slightest inattention on your part
may be enough to defeat your claim. This is especially true
where the hazardous condition is "open and obvious."
If the condition was temporary, such as spilled liquid, the
argument will be that you cannot satisfactorily prove that the
condition had existed sufficiently long to allow for a
reasonable inspection and discovery of the problem, and for an
opportunity to correct it.
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