William Webb Plyler

Premises Liability/Slip & Fall

A hazardous condition on property may lead to an injury.  The hazardous condition may be the result of a natural condition of the property or one created by the owner or occupant.  Liability for dangerous property is known as “premises liability.”  The property may be a residence, work site, public area, retail business, or other type of property.  A hazardous condition is one that poses an unreasonable risk of harm to people that are on the premises, and may involve structural design flaws, hazardous conditions, environmental dangers, and a range of other issues.

Slip and Fall

“Slip and fall” is a term used to describe personal injury cases where the injured person fell as a result of a dangerous or hazardous condition on someone else’s property. Slip and fall accidents can occur on commercial, residential or government property. All property owners have a responsibility to make sure their property is safe.          

Slip and fall cases are based on negligence.  An injured person has to prove either that the defendant created the hazard that led to the accident or that the defendant knew or should have known about the danger and should have removed the danger, or at a minimum adequately warned of the hazard.  Proving when a given hazard first appeared and that the defendant should have known of the hazard can sometimes be challenging.

Sometimes negligence can be proven by the violation of a safety statute.

Building owners must ensure that a building’s structure is in compliance with applicable building codes.  For example, handicap curb cuts must be slopped correctly and must be properly surfaced.  If you fall on a curb cut that lacked the appropriate grade, and that caused your injuries, you may have a valid claim against the building owner for violating building codes.

In analyzing slip and fall injuries in North Carolina, the harsh legal doctrine of contributory negligence is often asserted as an affirmative defense by insurance companies representing property owners.  Every person has a duty to keep a proper lookout where he or she is walking.  Consequently, the investigation of the facts must include a complete account of the injured person’s actions and perceptions prior to the injury.

What To Do If You Slip and Fall

• Examine the area where you fell, and determine what caused you to fall.
• Write down the names, addresses and phone numbers of anyone who saw you fall, and others who were there after the incident.  You will likely need them as witnesses on your behalf.  Even if someone did not see you fall, he or she could, if necessary, describe your pain and the condition of the premises immediately after you fell.
• If the incident occurred in a store or place of business, speak with the manager or supervisor on duty, and have them make a record of the incident, and get a copy of anything prepared.  If anyone (especially an employee, supervisor or manager) suggests that this has occurred before, or that they were aware of the condition before your fall, obtain this person’s name and job title.  Make sure to get the name, address, and phone number of anyone else who heard him or her make the statement.
• Have someone take photographs of the area as soon as possible.  Hazardous conditions usually are remedied quickly after the fact. 
• If you slip on a liquid on the floor, obtain a sample of the substance if possible.
• After receiving appropriate initial medical treatment, contact an attorney with experience in handling this type of claim.

Other Types of Premises Liability Cases

Injury by fire or other injuries resulting from defects in the condition of buildings also fall under the category of premises liability cases.  Our firm has handled wrongful death claims as a result of deaths caused by fires resulting from faulty wiring and appliances.  The North Carolina State Building Codes requires installation of operable smoke detectors in all rental units.  Failure to comply with building codes and regulations may give rise to claims against property owners.