Yes, you can certainly sue the restaurant for this, but these cases, which lawyers refer to as "premises liability cases," can be very tricky in North Carolina. Under our law, you aren't entitled to recover just because you got hurt on someone else's property. In order to hold the restaurant liable, you will need to establish that it knew the water was on the floor or that they should have known the water was on the floor (in other words, that the water was there long enough for the restaurant to have seen it and done something about it). Your testimony about the hostess walking to the left may help you establish this. Here's another issue to watch for. Invariably, the restaurant will try to blame you, in part, for the fall. They will likely argue that you weren't watching where you were going or that you weren't paying attention. That's because NC is one of four states that still has a law known as "contributory negligence," which says that if an injured person contributes just 1% to his or her injury, they are completely barred from recovering damages. It's a very brutal law and a defense that property owners use in basically all of these cases. I like the facts that you were walking slow and following the hostess. I think that certainly helps you. Now, don't let this scare you. These cases are very winnable and recoveries can be made. It's just that these cases are more difficult that most people realize. You probably should consult an attorney.
Yes, proof may be your familys testimony and did the medical record indicate your clothes were wet?
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
You may have the requisite elements for a premises liability cause of action. Get a PI lawyer in your city. Best of luck.
This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
Negligence exists where a property owner or manager knows or should know of a danger on the premisis. The final determination of whether or not there is liability should be made by an experienced personal injury attorney. Where you sustained a significant injury, see an attorney. Slip and fall accident cases are not a 'slam dunk' as some think. Here's why: BLUE LINK BELOW
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
It sounds like you have a good case. However, if your fall happened in NC, there is a terrible law called contributory negligence that says that if you were in any way responsible for your fall, you are not entitled to be compensated for your injury. Insurance adjusters are trained to get you to say things that could be misconstrued against you. So, it is usually better for you not to talk to the insurance adjuster, and not to give a recorded statement. With an injury as serious as a broken leg, I suggest that you contact a lawyer. I would be happy to discuss your case with you free of charge.
Every case is different. If you need answers about the specific facts of your case, you should speak with an attorney. The guidance in this "Answer" is general information about North Carolina law. It does not create an attorney-client relationship.
I agree with the other attorneys that you should contact an attorney. A broken leg is a quantifiable injury for which you may be entitled to compensation. The key will be your family's testimony and other witnesses who were there.
I practice personal injury and premises liability in Fayetteville, NC. I would be glad to discuss your case with you at a free consultation. You can set an appointment through my office at 910-433-2000.
My answering this question and your reading this answer does not create an attorney-client relationship. I only form attorney-client relationships upon a face-to-face meeting with prospective clients.
Sign up to receive a 3-part series of useful information and advice about personal injury law.