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North Carolina law makes slip-and-fall cases challenging to handle successfully. Two things must be true for a significant chance of winning a slip-and-fall case. First, the defendant must have had notice of the dangerous condition causing the fall or a reasonable opportunity to discover the condition. Second, the client must have acted diligently in watching where they were walking. Establishing that the defendant knew about the dangerous condition is the first step. It often requires filing a lawsuit, depositions of the folks working for the defendant, and, in some cases, hiring expert witnesses.
One of the worst assumptions many folks make after falling at a big box retail store, grocery store, or other location is that the owner will take financial responsibility for their damages, including medical expenses and lost wages. The reality is that slip-and-fall defendants often refuse to take responsibility. They deny liability even when their videotape shows the incident was their fault and the plaintiff was hurt. Even worse, when the video hurts their interests, it often goes “missing.” The attorneys of Maginnis Howard will quickly investigate your slip-and-fall case and send out a “spoliation letter,” requiring that the owner of the premises maintain all evidence of what happened, including video and incident reports. We’ll then aggressively litigate the case and question anyone responsible.
Aside from proving the defendant had notice of the defective condition, the biggest hurdle in any slip-and-fall case is showing that the client kept a proper look out. In many cases, the defendant will argue that the dangerous condition was “open and obvious” and should have been seen by the plaintiff. For example, if the client fell on red applesauce spilled on the floor at a grocery store, the grocery store will argue the plaintiff should have seen it and avoided it. Essentially, they will say that the fall was the plaintiff’s fault. And, because North Carolina’s “contributory negligence” rule provides a complete bar to any financial recovery if the plaintiff is even partially at fault, the defendant often can win a case on this basis. We recommend that anyone injured in a slip-and-fall case not give a recorded statement before speaking with any attorney. The adjusters for the retailers are skilled in asking questions in a way that implies your negligence.
The slip-and-all attorneys at Maginnis Howard provide free consultations to folks injured in a slip-and-fall accident. We can help you recover fair compensation to put you back on your feet. Our firm offers a contingency fee agreement, so you pay no attorneys’ fees unless and until we make a recovery on your behalf. Contact us today to schedule your consultation with our Charlotte, Raleigh, or Fayetteville office.
