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Businesses that operate retail stores, such as supermarkets, shops, and convenience stores, owe a duty to the public to exercise reasonable care for the protection of their customers. Unfortunately, this does not always happen. Slip and falls and other accidents are common when store owners do not take proper care of their premises. Fortunately, the law provides a way for people who are injured due to a retail store owner’s negligence to seek compensation through the legal process. If you have been hurt at a retail store, the Raleigh premises liability lawyers at Maurer Law can help.
North Carolina personal injury cases are generally comprised of four elements: duty, breach of duty, causation, and damages. Since the plaintiff has the burden of proving each element by a preponderance of the evidence, it is critical that an injured retail store customer obtain legal counsel as soon as possible after an accident. In this way, an experienced slip and fall attorney can begin investigating the accident before decaying or disappearing evidence begins to devalue the plaintiff’s case. We understand that, all too often, business and property owners deny responsibility for a customer’s injuries. We know what it takes to win a slip and fall case, and we work hard to gather all of the appropriate evidence and present it in a compelling manner.
The first step of a negligence lawsuit is proving that the defendant owed a duty of care to the plaintiff. In the context of a retail store accident, this means that the plaintiff must prove that they were a lawful visitor on the property. A store owner owes a duty to customers to take reasonable steps to maintain the store in a reasonably safe condition and to warn of known dangers, such as a wet floor. Examples of how this duty may be breached include aisle obstructions, faulty staircases, broken railings, falling merchandise, insufficient lighting, and spilled liquids, just to name a few examples.
The victim must have been hurt as a direct result of the defendant’s improper actions as a property owner. In many premises liability cases, a retail store will defend against the plaintiff’s claim by alleging that the plaintiff’s own negligence was a cause of the accident. Unfortunately, under North Carolina’s harsh pure contributory negligence law, a plaintiff’s failure to act in a reasonably prudent manner may completely bar their right to recover compensation, even if the defendant was largely at fault. This is one reason why retaining a knowledgeable slip and fall attorney in the immediate aftermath of an accident is critical.
People who are injured on someone else’s property have only a limited time in which to file a claim. If an injured person does not take appropriate legal action within the time allowed by the North Carolina statute of limitations, their case is likely to be dismissed. This is true even if they have sustained considerable medical expenses and other costs as a result of the accident. Thus, if you have been hurt in a retail store accident, you need to talk to an injury attorney as soon as possible. To schedule a free appointment with our Raleigh premises liability lawyers, contact us online or call us at 888-258-1087. We also assist victims in Durham, Fayetteville, Hickory, Chapel Hill, and other areas of Cumberland, Durham, Mecklenburg, Edgecombe, Guilford, New Hanover, Orange, Randolph, and Wake Counties.