Common Causes of Slip and Fall Accidents and How Liability Is Proven

By Hughes & Majstoravich, P.A.
Man slips and falls in staircase

If you recently slipped or tripped and got hurt on someone else’s property—whether at a store, restaurant, or public walkway—you may be wondering who is responsible and how to prove it. In North Carolina, property owners are not automatically liable for every injury that happens on their premises.

Instead, you must show that the owner or occupier failed to take reasonable steps to keep the property safe, and that this failure directly caused your accident. Key exceptions, such as North Carolina’s contributory negligence rule, may bar recovery if you are found even slightly at fault for your own fall. 

At Hughes & Majstoravich, P.A., we help clients in Morehead City and surrounding areas understand their rights after a slip and fall. If you’ve been injured and need answers about liability, medical bills, or dealing with insurance adjusters, our team can walk you through your legal options and what steps to take next. 

What Are the Most Common Causes of Slip and Fall Accidents?

Slip and fall accidents can happen almost anywhere, but certain conditions increase the risk. The most common causes include: 

  • Wet or slippery floors from spills, leaks, or cleaning 

  • Uneven or broken pavement in parking lots or sidewalks 

  • Loose rugs or mats that bunch up or slide 

  • Poor lighting that hides hazards or changes in elevation 

  • Clutter or debris left in walkways 

  • Icy or snow-covered steps and entryways 

  • Unmarked changes in floor level, such as a step-down 

Property owners and businesses in Morehead City are expected to address these hazards within a reasonable time after learning about them—or when they should have discovered them through routine inspections. 

How Do You Prove a Property Owner Is Liable?

To hold a property owner or business liable for a slip and fall injury, you must prove that: 

  • A dangerous condition existed on the property. 

  • The owner (or someone acting for them) knew or should have known about the hazard. 

  • The owner failed to correct the hazard or warn visitors about it. 

  • You suffered injuries as a direct result. 

Evidence plays a crucial role. Photos of the scene, accident reports, witness statements, and records showing that the hazard was reported but not fixed can all help establish liability. In North Carolina, if the dangerous condition was “open and obvious” and you could have avoided it by exercising reasonable care, your claim may be denied under the contributory negligence doctrine. 

What Is Contributory Negligence and How Can It Affect Your Claim?

North Carolina is one of the few states using strict contributory negligence. If you are found even 1% responsible for your fall—such as by ignoring warning signs, texting while walking, or wearing unsafe footwear—you may be barred from recovering compensation. 

Because of this rule, insurance companies and property owners often look for any evidence that you contributed to the accident. That makes it especially important to document the scene, preserve your shoes and clothing, and avoid making statements that could be interpreted as accepting blame. 

What Should You Do After a Slip and Fall?

Taking the right steps immediately after your accident can help protect your health and your legal rights: 

  • Seek medical attention as soon as possible, even if injuries seem minor. 

  • Report the accident to the property owner, manager, or staff and ask for a copy of the incident report. 

  • Take photos or videos of the hazard and the surrounding area, including any warning signs or lack thereof. 

  • Get names and contact information for any witnesses. 

  • Preserve your footwear and clothing worn at the time of the fall. 

  • Avoid giving recorded statements to insurance companies without legal advice. 

Acting quickly makes it easier to gather evidence before conditions change or memories fade. 

What Compensation Can Be Recovered in a Slip and Fall Case?

If a property owner is found liable and contributory negligence does not apply, you may recover damages for: 

  • Medical expenses related to your injuries 

  • Lost wages or loss of earning ability 

  • Pain and suffering 

  • Scarring or permanent impairment 

  • Related out-of-pocket expenses 

Your claim's value depends on the severity of your injuries, how clear the property owner’s fault is, and the evidence available. Keep detailed records of all accident-related costs and follow your doctor’s recommendations. 

How Long Do You Have to File a Slip and Fall Claim in North Carolina? 

Under North Carolina law, you generally have three years from the date of the accident to file a personal injury lawsuit for a slip and fall. This time limit, known as the statute of limitations, is strict—if you miss the deadline, you could lose your right to recover compensation. For more information about the statute of limitations on personal injury claims, you can review the summary provided by the North Carolina General Assembly. 

How Our Fee Structure Works for Personal Injury Cases

Our contingent fee for automobile injury cases is 25% unless and until we file a lawsuit (at which time it increases to 33.33%); slip and fall cases are also handled on a contingent basis. This means you pay no attorney fees upfront, and we only get paid if we recover compensation for you. Our fee arrangement is lower than what some other attorneys charge, making legal help accessible when you need it most. 

When Should You Talk to a Slip and Fall Attorney?

If you have suffered injuries after a slip and fall in Morehead City or Carteret County, talk with a local attorney early. We can help you: 

  • Assess whether the property owner may be liable 

  • Gather and preserve evidence 

  • Respond to insurance adjusters’ questions 

  • Understand the impact of contributory negligence on your claim 

  • Make informed decisions about settlement offers or litigation 

Our firm is based in Morehead City and knows how local businesses and insurers handle these cases. If you have questions about your rights or what to do after a fall, contact us to discuss your situation. 

Pursue the Compensation You Deserve After an Injury in North Carolina

At Hughes & Majstoravich, P.A., our attorneys help people in Morehead City and Carteret County understand their legal options after a slip and fall accident. We explain how liability works in North Carolina, what evidence will matter in your case, and how the strict contributory negligence rule can affect your ability to recover compensation. Our familiarity with local properties and business practices helps us build strong cases for our clients. 

We guide you through each step, from documenting your injuries to communicating with insurance companies, so you can focus on recovery. We handle personal injury cases—including slip and fall claims—on a contingent fee basis, with a lower fee structure than many other firms. 

If you have questions about Morehead City personal injury cases or want to learn how our approach may benefit you, contact our office. We are here to help you understand your rights after a slip and fall and to discuss your best next steps.