Marcari, Russotto, Spencer & Balaban
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Slip & Fall

Attorneys Providing Aggressive Representation for Slip & Fall Accidents

What you should know about premises liability law in North Carolina, South Carolina, Virginia, West Virginia & Florida

Most businesses and homeowners carry liability insurance to protect themselves in the event that someone is injured while on their property. This would include slip and fall cases, which are generally known as premises liability cases. An injured party is required to prove that the property owner or property manager:

  • Was aware of a hazardous condition
  • Failed to take reasonable steps to remedy the hazardous condition
  • Caused your personal injury through his or her inaction

Slip and fall, and other premises liability accidents, happen everywhere. Whether you suffered your personal injury at a grocery store, movie theater, restaurant, department store, or big-box store, you have the right to hold the negligent party responsible and make sure your medical and financial concerns are taken care of properly.

We put the responsibility where it belongs — and we keep it there

A property owner’s insurance company often argues that its client did nothing wrong. Instead, it blames the injury victim for ignoring warning signs, causing objects to fall, or failing to take proper precautions to avoid an accident. Our premises liability lawyers are intimately familiar with the tactics and strategies insurance companies use to obscure the issues and avoid blame. We counter those with our own well-devised strategies in which we:

  • Work with investigators
  • Take photos of the accident scene
  • Interview witnesses and employees
  • Review safety inspection records
  • Consult with architectural and engineering experts

The truth is in the facts. We uncover the facts, argue the facts and win on the basis of facts. Relentless and thorough, we are prepared for anything the other side throws at us to avoid blame.

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Is contributory negligence a defense to a slip and fall accident?

Just as with an auto accident, a defendant in a slip and fall case can claim that the injured plaintiff bears some responsibility for the injury. This comes up in cases where the hazard may have been obvious and the defendant asserts that a reasonable person would have seen and avoided it, but the plaintiff (victim) wasn’t paying proper attention. If the defendant can prove contributory negligence, the law of the state may bar the plaintiff from recovering any damages, or reduce damages in proportion to the plaintiff’s percentage of fault.

  • South Carolina
    In South Carolina, an injured plaintiff who is partially at fault can still recover damages as long as his fault does not exceed that of the defendants. The plaintiff’s possible recovery is reduced according to the percentage of fault the court assigns. Thus, a plaintiff who has suffered $100,000 worth of losses, but is 25 percent at fault, can recover $75,000.
  • Virginia

    Virginia is one of the few states that still observe the old contributory negligence rule that bars recovery for any injured party who is even one percent at fault for an accident. Our attorneys work hard to prove that you were not at fault for your injury.
  • North Carolina
    North Carolina is one of the few states that still observe the old contributory negligence rule that bars recovery for any injured party who is even one percent at fault for an accident. However, North Carolina also adheres to the rule of “last clear chance.” This rule holds that if after the plaintiff carelessly put himself in danger, the defendant had an opportunity to avoid causing harm to the plaintiff, but through carelessness missed that chance and did harm to the plaintiff, the defendant is still liable. Additionally, North Carolina’s gross negligence law eliminates a contributory negligence defense for defendants who were grossly negligent in harming the plaintiff.
  • Florida

    Even when they are partly responsible, Florida slip and fall victims have the ability to collect damages from a negligent defendant. Under the state's pure comparative negligence standard, plaintiffs can obtain a financial recovery for the harm they've suffered, but the damages are reduced by the percentage of fault assigned to them. Someone who's fallen on an unsafe surface has four years to file a legal claim.
  • West Virginia

    Within two years of a West Virginia slip and fall injury that was caused by someone else's carelessness, a lawsuit must be filed if the victim seeks compensation. Plaintiffs are allowed to collect damages under state law as long as they are not more than 50 percent responsible fro the incident.

You have legal rights in a slip and fall accident; let us protect them

If you have been injured on the property of another anywhere in North Carolina, South Carolina, Virginia, West Virginia or Florida, consult the law firm of Marcari, Russotto, Spencer & Balaban for an analysis of your case, to learn how the law applies to it. Call us at (888) 351-1038 or contact us online.

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