A business owner may be liable for premises liability claims for slip and fall in a store if they don’t take reasonable steps to keep the property safe. Wilmington, NC, premises liability claims are based on the cause of the slip and fall and whether the store did enough to prevent harm.
Our experienced Wilmington premises liability lawyers at Horton & Mendez, Injury & Car Accident Attorneys explain premises liability claims for slip and fall in a store in Wilmington, NC.
What is a lawsuit for a slip and fall in a store?
A slip and fall in a store lawsuit is a claim for monetary compensation due to injuries from falling.
If the store is at fault for allowing a danger to exist, they may be liable to pay. The lawsuit is the process for the injured party to seek compensation.
How Slip and Fall Accidents Happen in Stores
- Wet floors, debris on the floor
- Slippery or uneven flooring, torn carpet
- Escalator and elevator malfunctions
- Falling objects
- Lack of handrails or handrails in disrepair
- Pallets of goods in the aisle
- Crowd flow that results in jostling
- Items too close together, clutter
- Electrical accident or fire that results in a fall
- Poor lighting
- Sliding doors that malfunction
- Accidents from moving equipment and carts
What To Know About Slip and Fall in a Store
- You may receive compensation for a slip and fall in a store.
- Stores are not liable in all cases.
- Responsibility depends on the circumstances and what the store did to prevent harm.
- If you qualify, you may receive compensation for financial losses and pain and suffering.
- To receive compensation, you must pursue your case.
- A lawyer for premises liability claims can represent you.
How to receive compensation for a slip and fall in a store
You have a limited amount of time to pursue compensation for a slip and fall in a store. As the victim, you may bring a lawsuit for a slip and fall in a store. The victim proves the right to compensation and the value of the claim.
When Is the Store Liable for Your Injuries?
A store is liable for injuries if:
- They failed to take reasonable steps to fix a dangerous condition, or they failed to warn you of the dangerous condition.
- The property owner knew or should have known about the dangerous condition.
- A danger existed. It was more than trivial. It was not open and obvious.
- Slip and fall occurred, resulting in injury.
- The victim has damages to be compensated for.
Shopper or others present
The store has a duty to shoppers and others present. You may be a regular customer, or it may be your first time in the store. The store also has a duty to people making deliveries, people performing service work on the property, and others present. The law in Wilmington, NC, does not distinguish among types of guests. The law evaluates each case against the reasonable standard to determine the right to compensation.
When the person is a trespasser, the standard is different. A store is liable only for willful harm, and there is no duty to warn.
Evidence for Proving Negligence in a Store Slip and Fall Case
To prove negligence in a store slip and fall case, you may rely on surveillance video, witness testimony, records of store management, tests, inspections, and other evidence.
Store liability for slip and fall may arise from various factors.
- Standard practices that result in the danger being present, such as using a slippery cleaning product, inadequate inspections, or failing to control crowds in high-traffic areas.
- A danger existed for long enough that workers should have identified it.
- Failing to remedy a known danger in a reasonable time period.
- Inadequately addressing a danger.
- Others slip and fall accidents for the same reason, without the store doing anything in response.
- Failing to do routine maintenance, like keeping parking lot surfaces in good repair.
Your lawyer can help you investigate and determine what factors led to the slip and fall. You may use the discovery process to gather information and build your case.
Defenses the store may raise
A lawsuit may require responding to defenses. The store may claim that you are at fault for misusing the property or that you have contributed negligence for your injuries. Wilmington, NC, laws apply contributory negligence as a defense to slip and fall lawsuits, so it’s important to respond aggressively to claims of fault.
Types of Injuries That May Result from Slip and Fall Accidents
- Broken bones, fractures
- Concussion, traumatic brain injury
- Loss of consciousness
- Sprains and strains
- Spinal cord damage, paralysis
- Vision damage
- Internal organ damage
- Dislocations
- Shoulder injury
- Herniated disc
- Scars, facial trauma
- Knee injury
How To Start a Premises Liability Claim Against a Store
A premises liability lawsuit against a store starts with a summons and complaint. The documents state that you are filing a lawsuit and summarize the facts and basis for the claim.
You file these documents with the court of jurisdiction, serve the defense with the court papers, and wait for their response.
There are important things to do before you file your lawsuit. Start with seeking emergency or urgent medical care for your injuries. Report the accident to the store. Ask to make a written statement. Take photos and video of where the accident occurred. If possible, obtain the names of employees involved and others who witnessed the accident.
What Compensation Can You Recover?
Compensation for a slip and fall in a store in Wilmington, NC, may include financial losses and personal suffering. You may claim for medical bills and related costs. Physical therapy and mental health care may be included. You may receive compensation for lost wages and lost career potential.
In addition to financial losses, you may receive reasonable compensation for pain and suffering.
Pain and suffering are intangible, including physical pain, grief, emotional anguish, loss of lifestyle, and other harm.
Contact an Experienced Wilmington Premises Liability Lawyer
Horton & Mendez, Injury & Car Accident Attorneys, represents people in Wilmington, NC, in store slip and fall lawsuits. Call or message us now.
