Slip and Fall

North Carolina Appellate Court Discusses the Open and Obvious Danger Doctrine in Trip and Fall Case

Published on: May 15, 2020 | Jason M. Burton

Under certain circumstances, North Carolina law allows someone who is injured on another person’s property due to negligence to recover compensation from the property owner. There are certain things that the injury victim must show before he or she is entitled to compensation and there are defenses available to the defendant that may prevent the owner from being held liable. If you were injured due to an unsafe property, North Carolina premises liability lawyer Jason Burton is available to help you understand whether you may be owed compensation for your injuries.

The North Carolina Court of Appeal recently handed down a decision in a dispute brought by a person who was injured in someone’s home. The plaintiff was attending a party at the defendant’s house. The guests were located in the patio area. The plaintiff walked across the patio to sit down near the guests. The plaintiff sat down in a chair that was located next to a step that led to a lower patio area. The step was roughly six and one-half inches down. After a while, the plaintiff stood up from her seat and attempted to walk away when she fell nearly immediately. The plaintiff landed on her wrist and required surgery to address the injury.

According to her complaint, the plaintiff stated that the defendant was negligent by failing to mark the step that led to the lower patio area. Both patio surfaces were the same color, which made it difficult to ascertain that there was a height difference, the complaint alleged. The plaintiff also asserted that the homeowner had indicated that he had considered painting the step another color and constructing a railing.

North Carolina Appellate Court Reverses Summary Judgment for College Stadium in Trip and Fall Case Causing Permanent Back Injuries

Published on: March 17, 2020 | Jason M. Burton

North Carolina law states that property owners have a duty to guests to keep them reasonably safe from harm. This applies to private property owners as well as operators of large venues like sporting arenas. Just because a venue hosts hundreds or even thousands of people at a time does not imply that the people responsible for operating it exercise appropriate caution. If you were injured at a large venue due to what you believe may be a dangerous condition on the property that could have been warned against or fixed, then you may be entitled to compensation. At Burton Law Firm, our Raleigh premises liability attorney is prepared to help you assert your rights and receive the compensation you deserve from a negligent party.

In a recent claim, a plaintiff filed a lawsuit against the operators of a college baseball stadium alleging that she suffered serious injuries when her foot caught on a loose board causing her to fall. She stood up from her seat preparing to exit the bleachers when her foot caught, and she tumbled down the bleachers to the walkway below. She suffered permanent injuries stemming from a broken back. She lost consciousness at the time of the accident and therefore had little to no memory of what happened.

In response to her complaint, the defendant alleged that the plaintiff acted contributorily negligent at the time of the accident and that the allegedly defective bleacher board was not the direct or proximate cause of her injuries. The defendant filed a motion for summary judgment on these grounds and the trial court granted it.

North Carolina Appellate Court Reverses Summary Judgment for Defendant in Broken Leg Slip and Fall Case

Published on: February 28, 2020 | Jason M. Burton

Although slip and fall accidents can sometimes lead to minor injuries, they can also lead to devastating disabilities that leave the victim with a permanent injury. A slip and fall accident can happen nearly anywhere but when it happens on someone else’s property, the injured individual may be entitled to compensation from the person or business that was in charge of the property. This is known as a premises liability claim. Attorney Jason M. Burton has substantial experience assisting Raleigh slip and fall victims with determining whether they are legally entitled to compensation. Contact him today to start learning more about your rights.

Recently, the North Carolina Court of Appeals decided a legal dispute involving a slip and fall injury where the plaintiff fell on a walkway covered in mold at her residence. In her lawsuit against the operator of the condominium, she alleged that she used a staircase to access her condo on most occasions. The plaintiff also alleged that during August 2012 she underwent rotator cuff surgery, and this required her to use a different access point. She used a wooden walkway located on both sides of the building to go to and from the parking lot and her condo. The walkways both featured a large white column at a 90-degree turn.

The operator of the condo complex retained another company to maintain these common areas. A few months after her surgery, an employee of this company determined that there was a dangerous mold growing on the walkway and that it made the walkway slippery when it was wet. The employee recommended that the condo operator remove the mold to prevent any injuries, but the condo operator did not respond. Later on, the plaintiff slipped and fell on the walkway and suffered a broken leg as a result. She was heading to the parking lot to obtain something from her vehicle.

North Carolina Supreme Court Upholds Government Immunity Doctrine in Slip and Fall Case Involving a Residential Property

Published on: December 30, 2019 | Jason M. Burton

Slip and fall accidents can happen virtually anywhere, leaving you with painful injuries and crushing medical expenses. In general, North Carolina law holds a property owner responsible for any injuries that happen as a result of his or her negligent care of the property. But when the property owner is a government entity, a different set of rules applies regarding whether or not the government will be held liable. This is known as the sovereign or governmental immunity doctrine, and it is critical to know whether it will be a factor in your slip and fall case. At Burton Law Firm, our lead attorney handles North Carolina slip and fall cases and is prepared to assist you with evaluating your potential right to compensation.

In a recent North Carolina appellate court opinion, the Supreme Court was ultimately asked to decide whether a city was immune from liability for a slip and fall injury that the plaintiff suffered. The defendant leased the property where the plaintiff lived to a variety of businesses and groups. In the lease documents, it was specifically stated that each defendant bore the responsibility for maintaining the exterior areas of the property. It also stated that the government had the right to visit and inspect the property without notice.

The plaintiff was hurt when she was exiting the building through one of the rear doorways while carrying a large bundle of items. She alleged that she lost her balance and fell down steps on a portion of the stairway that she described as having eroded. As a result of the fall, she broke her hip and suffered other injuries. The plaintiff named the city as a defendant and alleged that it had waived its ability to assert the government immunity doctrine when it purchased liability insurance for the property. She also alleged that the government could not claim immunity because it was engaged in a proprietary function, which is not covered.