Slip and fall accidents can happen virtually anywhere in North Carolina. If you are injured due to someone else’s failure to maintain his or her property in good working condition, then you can bring a premises liability claim against the owner to recover compensation for your injuries. When the owner of the premises is the government, however, special rules and considerations apply. The doctrine of governmental immunity states that municipalities cannot be deemed negligent in some situations for personal injuries. Our diligent team of North Carolina slip and fall lawyers is standing by and ready to help you ensure that you proceed with your claim in the correct manner.
A North Carolina appellate court recently considered a claim asking whether a city was immune from tort liability for the plaintiff’s slip and fall injury based on the doctrine of governmental immunity. The defendant leased the premises to various groups and the lease stated that the defendant was responsible for maintaining the exterior of the building and that it had the right to inspect the premises at any time.
The plaintiff in the matter was one of the tenants of the building. She was leaving through a rear exit carrying a large stack of items when she lost her balance and fell down the steps on a section of the steps that she alleged had eroded. She suffered a broken hip and other injuries. She filed a personal injury claim against the defendant alleging that it was negligent in its maintenance of the stairs and that it waived the doctrine of governmental immunity because it purchased liability insurance. She also alleged that the government was engaged in a proprietary function, which deprived the defendant of governmental immunity.