A slip and fall can happen in seconds, but the consequences often last for months. You may feel overwhelmed right now, but you don’t have to navigate this alone. One moment you’re walking through a grocery store, stepping into a restaurant, or crossing a parking lot. Next, you’re on the ground dealing with a serious injury, growing medical bills, and time away from work. If a property owner’s negligence caused your fall, you have the right to seek compensation. At Horton & Mendez Injury and Accident Attorneys, our managing partners are former insurance defense attorneys who know exactly how the other side tries to deny these claims. Call 910-405-7751 for a free consultation. No fee unless we win.
Why Horton & Mendez for your slip and fall case
We know their playbook
Insurance companies and property owners don’t accept liability simply because you fell. They deploy specific strategies to minimize or deny your claim. We know because we used to run those strategies ourselves. Our managing partners are former insurance defense lawyers who spent years defending businesses and insurance carriers against premises liability claims across North Carolina. Whether it’s a grocery store chain’s risk management department or a landlord’s insurance carrier, we’ve seen their tactics from the inside. Now we use that insider knowledge to anticipate their moves and build stronger cases for injured individuals.
Former defense attorneys on your side
At Horton & Mendez, you receive a team of seven lawyers, led by managing partners with direct experience on the insurance defense side. That’s over 65+ years of combined experience understanding how claims are evaluated, how fault arguments are constructed, and how settlements are calculated. We bring that perspective to every slip-and-fall case we take.
From Wilmington to Asheville, Jacksonville to Charlotte, our nine offices make it easy to connect with us no matter where your injury occurred. We handle slip-and-fall cases statewide and understand the local court systems that vary across the state.
Don’t let the insurance company control your case. Call 910-405-7751 today for a free, no-obligation case evaluation.
Common slip and fall cases we handle
Slip-and-fall injuries occur in all types of settings across North Carolina. From retail corridors to office buildings, residential complexes to public spaces, these hazards affect individuals every day. We represent clients who’ve been hurt due to conditions property owners failed to address, including:
– Wet or freshly mopped floors without warning signs in grocery stores and restaurants.
– Cracked, uneven, or damaged sidewalks and parking lots.
– Poorly lit stairwells, hallways, and entryways.
– Loose carpeting, missing handrails, and broken steps.
– Ice and snow accumulation on walkways that property owners failed to treat.
– Spills in big-box stores and shopping centers left unattended for extended periods.
– Cluttered aisles and merchandise blocking walkways.
These aren’t just inconveniences. Slip-and-fall incidents can happen anywhere and can lead to significant injuries. Falls caused by these conditions regularly lead to broken bones, torn ligaments, head injuries, herniated discs, and spinal damage. For a slip-and-fall case to succeed, the injured person must generally prove that the property owner was negligent, including that the owner had a legal obligation to maintain a reasonably safe environment. If a property owner knew about the dangerous condition (or should have known) and did nothing to fix it or warn visitors, they can be held liable for your injuries.
How North Carolina law affects your slip and fall claim
North Carolina applies legal rules to premises liability cases that can make or break your claim. Understanding these rules is critical, and having attorneys who know how to navigate them is even more important.
The contributory negligence trap
North Carolina negligence laws follow the doctrine of pure contributory negligence, which bars recovery by the plaintiff if they’re even partially at fault (as little as 1%). This is one of the harshest negligence standards in the country. The doctrine of contributory negligence is still followed in Maryland, Virginia, Alabama, and North Carolina.
Under North Carolina General Statute § 1-139, a party asserting the defense of contributory negligence bears the burden of proof for that defense. But insurance companies and property owners know how to use this rule to their advantage. They’ll argue you were looking at your phone, wearing inappropriate footwear, or not watching where you were walking. Their goal is to shift even a sliver of blame onto you so they owe nothing.
This is exactly why who represents you matters. We build cases that anticipate and dismantle these fault arguments before they gain traction.
The “open and obvious” defense
A frequent defense in slip and fall cases is the assertion that the hazard was “open and obvious.” And, therefore, a reasonable person exercising ordinary perception and caution would have noticed and avoided it. NC courts recognize this defense, and it can be effective if the injured person cannot show the danger was hidden or unavoidable.
Our approach: we gather evidence proving the hazard was not obvious. Surveillance footage, lighting conditions, witness testimony, and maintenance records help demonstrate that the property owner failed their duty. The NC Supreme Court concluded in Nelson v. Freeland (1998) that property owners owe a duty of reasonable care in maintaining their premises to protect lawful visitors. We hold them to that standard.
Call 910-405-7751 to discuss how North Carolina law applies to your specific situation. Your consultation is free.
Our process: from consultation to resolution
We handle the legal work so you can focus on healing. Here’s what to expect when you call.
Free case review. You tell us what happened, and we give you an honest assessment of your claim: no pressure, no obligation, and no fee.
Investigation. We gather the evidence that matters: incident reports, surveillance footage, maintenance logs, witness statements, and photos of the scene. Property owners and businesses often destroy or overwrite evidence quickly, so time is critical. Every piece of evidence we collect strengthens your position and weakens the defense’s arguments.
Building your case. Using our defense-side experience, we construct a case to counter the arguments we know are coming, including contributory negligence, the open-and-obvious defense, and lack of notice.
Negotiation and resolution. Most slip-and-fall cases resolve through settlement. We know what your case is worth because we’ve seen how insurance companies value these claims from the inside. If the other side refuses to offer fair compensation, we’re fully prepared for trial.
What you can recover after a slip and fall
If we can prove that a property owner’s negligence caused your injury, you may be entitled to compensation for:
– Medical expenses, including emergency treatment, surgery, physical therapy, and ongoing care.
– Lost wages from the time you couldn’t work during recovery.
– Reduced earning capacity if your injury affects your ability to perform your job long-term.
– Pain and suffering for the physical pain and emotional distress caused by the accident.
– Out-of-pocket costs for prescription medications, assistive devices, and other related expenses.
In severe cases involving traumatic brain injuries or permanent disability, compensation can be substantial. The value of your claim depends on the severity of your injuries, the strength of the evidence, and how clearly we can demonstrate the property owner’s negligence. Call 910-405-7751 to find out what your case could be worth.
Results for our North Carolina clients
Since 2023, Horton & Mendez has recovered over $80M for injured clients across North Carolina, with an average top-case settlement exceeding $639K. Our results have helped clients aged 5 to 98.
Here are examples of what we’ve achieved for clients in North Carolina.
– We recovered $6.72M for a 46-year-old Wilmington man injured in a motor vehicle accident.
– A 49-year-old Spanish-speaking worker in Wilmington received $2.9M in workers’ compensation benefits following a workplace injury.
– We secured $175K for a Raleigh client in 2024.
Past results do not guarantee future outcomes. Every case is different and depends on its unique facts.
Frequently asked questions about slip and fall claims in North Carolina
How long do I have to file a slip-and-fall lawsuit in North Carolina?
North Carolina’s civil statute of limitations laws set a three-year time limit for personal injury claims. Under N.C. Gen. Stat. § 1-52(16), for personal injury or physical damage to a claimant’s property, the cause of action shall not accrue until bodily harm becomes apparent or ought reasonably to have become apparent. Missing this deadline almost certainly means losing your right to seek compensation. Evidence fades, surveillance footage gets overwritten, and witnesses forget details over time. Contact an attorney as soon as possible.
What if the property owner says I should have seen the hazard?
This is the “open and obvious” defense, and it’s one of the most common arguments in slip-and-fall cases. However, this defense is not always a silver bullet for the property owner. Factors, such as poor lighting, distractions, and the nature of the hazard, all matter. Call 910-405-7751 to discuss your specific circumstances.
How much does it cost to hire a slip and fall lawyer?
At Horton & Mendez, there’s no upfront cost. We work on a contingency fee basis, meaning we only receive payment if we recover compensation for you. Your initial consultation is completely free with no obligation.
What if I were partially at fault for my fall?
North Carolina’s statute follows the common-law definition of contributory negligence and bars recovery if the injured party is found to be contributorily negligent. That’s why it’s essential to have lawyers who know how to defend against these arguments. We build cases specifically designed to counter fault claims before they take hold.
Do I have to go to court for a slip-and-fall case?
Most slip-and-fall claims settle through negotiation without ever going to trial. However, if the insurance company or property owner refuses to offer fair compensation, we’re fully prepared to present your case before a judge and jury.
Do you handle slip-and-fall cases throughout North Carolina?
Yes. With nine offices across the state in Wilmington, Jacksonville, Gastonia, Apex, Cornelius, Monroe, Asheville, Raleigh, and Charlotte, we represent clients in slip-and-fall cases statewide. No matter where your injury happened in North Carolina, we can help.
Take the first step today
You shouldn’t have to pay the price for someone else’s carelessness. If you were hurt in a slip and fall on someone else’s property in North Carolina, Horton & Mendez is ready to fight for the compensation you’re owed. We know how property owners and insurance companies try to avoid responsibility, and we know how to hold them accountable.
Call 910-405-7751 now for a free consultation. No fee unless we win.
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