North Carolina Slip And Fall Legal Questions

So if you want to discover whether the property owner has liability insurance, you would have to file a lawsuit and get that through the discovery process. A property owner is under no legal duty to disclose whether they have insurance or not even if a lawyer writes them a demand letter. You should reach out to one of us on this website to discuss your case privately.   ... Read More

So if your brother was a resident of the home, he may be an insured under the policy, such that if his negligence caused or contributed to your dad's death, then the insurance company Would most likely be a source of recovery. If your brother was not a resident and thus possibly not insured under the homeowners policy, then it would be more complicated. Now if your brother was not insured under the policy, perhaps because he did not live there, but your brother owned a house of his own, then that insurance policy may be a source of recovery depending on the policy language. However all of this is speculation until more facts are known, such that a full analysis can be explored. You need to retain counsel to investigate all of the facts of the case to make a determination. What state did this happen in?   ... Read More

I would need more details about your injury. Were you on your employer's premises at the time of your injury? Generally speaking, you are not covered under workers comp while going to and coming from work from home. If you are covered under workers comp you would be entitled to medical treatment as directed by your employer as well as lost wages if you are out of work more than a week. You may also be entitled to compensation for any permanent injuries.... Read More

There's no time limit on making a claim with the store, so long as you file a lawsuit within three years of the date of your fall. That being said, in order for your recover under the stores liability insurance it will be necessary for you to not only show that you were injured as a result of your fall, but that the store was negligent in causing your fall. Merely being injured at the store not enough. Also, if you haven't had any medical treatment for your injuries, the delay in diagnosing your injuries is going to be an issue. It is possible that the store where you were injured may have a special type of insurance coverage. It is called premises medical payments coverage. It pays for your medical bills up to the policy limits of whether or not you or the store are negligent.  The only way to determine whether this coverage exists is to file a claim. Good Luck!... Read More

Slip and fall cases are some of the most difficult cases that we handle. Not only are you required to show negligence on the part of the landowner or operator, you are also subject to the affirmative defense of contributory negligence. In North Carolina if you are any degree of fault in bringing about your own injuries or damages you could be barred from recovery completely. In cases such as yours where the defect may be open and obvious, you are charged with the duty to "see what ought to be seen". Failure to do so would be negligence on your part.   All this being said cases such as yours are very fact specific and do not lend themselves to a quick answer on whether or not the landowner is or is not liable. I would recommend you speak with a qualified personal injury attorney to discuss this matter in greater detail. The stature limitations in North Carolina in a slip and fall case is three years from the date of the injury.... Read More

I am sorry to hear about your fall and your injuries.  You should at least speak with an attorney about your fall to see if there is a claim that should be pursued.  Attorneys that do this type of work will not charge for any initial consultations, and will give you insight as to what you should do next. ... Read More

It is not clear from your question what exactly you are doing at the time and cost you fall. Sounds perhaps like you were bowling. If this is the case, the only way that you could recover the liability claim is to show that the owner was negligent in causing your injuries. This would require that you demonstrate some fault on the part of the bowling alley. When you say the shoes were oiled what do you mean? What signs do you believe should have been present?... Read More

The real question here is: why did you fall?  If you fell because of something that was negligently done by the home owner, you might have a claim.  If, however, you fell because you were not paying proper attention, you would not have a claim for negligence.  (There could be a medical payments coverage on her homeowner's policy that would pay for perhaps $1000 or $2000 in medical expenses no matter who was at fault, so you may want to check into that option).  Good luck.... Read More

I am assuming that you had a epidural steroid injection under fluoroscopic guidance. If that assumption is correct, after the injection or injections, the physician should have assessed whether you were having any side effects or symptoms before releasing you. It is recommended that the patient not drive the day of the procedure and in fact many physicians will not even perform the injections unless you have a driver present with you. Whether or not it would constitute medical malpractice would depend on your condition when he released you, whether you were warned of the risks, etc. ... Read More