Slip & Fall Claims, Premises Liability, and Strict Liability

One of these things is not like the other.  One of these things does not belong.

Strict Liability refers to claims that a government might designate as having no need to prove that an act or omission on the part of the defendant led to the injury; if the event happened, you’re liable.  For example, technically under strict liability tenets, if your dog bites someone, you’re on the hook.  Period.  It doesn’t matter if he was on a leash, it doesn’t matter if it was a creepy vacuum cleaner salesman who stepped into your door uninvited.

In North Carolina premises liability claims – claims for injuries suffered on someone’s property – are NOT strict liability.  In other words, you have to prove that the property owner/manager’s negligent act or omission was the cause of your injury.

A slip & fall case is merely a type of premises liability claim, and is probably the most common, so I deal with these more than any other premises liability claim.  These are NOT strict liability.  So if you slip/trip and fall on someone’s property they are not automatically responsible for whatever injuries you suffer.  You have to prove that some negligent act or omission caused you to slip and fall.

If you are going to remember anything from this article, you should remember the last two sentences above.  Go read them again.

For example, you’re going up a set of stairs at a restaurant and you miss a step and get hurt.  Why did you miss a step?  If you don’t know why, or it’s because you just did, they don’t owe you for that.  If it’s because the steps were too shallow according to code, there was a loose tile, there was a banana peel, or whatever, then maybe they do owe you.

So, if you’re ever hurt somewhere, think about why you’re hurt.  Is it because you’re a clumsy oaf?  If so, then you aren’t owed anything.  But if it’s because the owner left some spent uranium in the middle of the floor, then you might have something.