Who Is At Fault In A Slip and Fall Case In North Carolina?
North Carolina enforces a rare contributory negligence rule in many personal injury cases, including slip and fall cases. As a result, you would not be entitled to damages if you contributed to the accident, even if it’s a small share of the responsibility.
For example, if there was a sign saying do not enter, or caution wet floor, and you entered anyway, a court will hold you at partial fault, and you will not receive monetary damages. Even if it’s determined you were 1 percent at fault, you still receive nothing under North Carolina’s strict slip-and-fall rules.
You may be considered at partial fault for the slip and fall if:
- You were on the part of the property where visitors aren’t usually allowed or expected to be, especially if this is marked.
- You wore footwear that was inappropriate (or even unsafe) for the circumstances.
- You entered an area cordoned off by cones and signage to mark the dangerous place.
- You weren’t paying attention to where you were walking. For example, you were texting and fell.
Contributory negligence will affect your case whether you file an insurance claim or take the matter to court via a personal injury lawsuit.
What Should I Do If I Had A Slip And Fall Accident In North Carolina?
If you slipped and fell in North Carolina, call Hyland & Padilla immediately after receiving medical attention. It’s important to enlist legal help before talking to any insurance companies because even a small detail can be used against you to illustrate you contributed to the accident, which can cost you.
The owner of the property you slipped on will want to show you caused the accident to avoid paying, so our legal team will need to show strong evidence that the fault was 100 percent on the property owners.
To help you receive the compensation you deserve, we offer complimentary consultations to help you through this difficult time.