Greensboro, NC (PressExposure) July 16, 2008 -- Slip and fall, in United States tort law, is a claim or case based on a person slipping (or tripping) and falling. It is a tort, and based on a claim that the property owner was negligent in allowing some dangerous condition to exist that caused the slip or trip. Learn more of this with the North Carolina premises liability.
Property owners generally have two basic defenses to Public liability slip and fall claims: The first defense is that they were not negligent.
For example, the store owner may claim that the spilt milk that a patron slipped upon had been split on the floor only moments ago by another person, and that, in the exercise of due diligence, a typical store owner acting with reasonable care would not have had time to discover the danger and take steps to remove the danger.
The second and more typical defense is that the person who was injured was at fault. For example, the store owner may claim that any reasonable patron, exercising due diligence for his or her own safety, would see a split milk on the floor, and take those steps necessary to avoid slipping on it. Visit the North Carolina premises liability for more information about this.
Amongst unintentional torts one finds negligence as being the most common source of common law, most Americans are under the impression that most people can sue for any type of negligence, but it is untrue in most American courts. Learn more about negligence with the North Carolina premises liability.
It is a form of extra-contractual liability that is based upon a failure to comply with the duty of care of a reasonable person, which failure is the actual cause and proximate cause of damages. That is, but for the tortfeasor's act or omission, the damages to the plaintiff would not have been incurred, and the damages were a reasonably foreseeable consequence of the tortious conduct.
Because of a general perception that slip and falls are at least partly the fault of the person injured, slip and fall injuries are usually worth less than injuries from other types of torts. For information about liability cases regarding premises, then visit the North Carolina premises liability for more details.