You went to a store, a restaurant, an apartment complex. You weren’t doing anything unusual. And then your feet went out from under you—a wet floor with no warning sign, a broken step, ice that should have been cleared. Now you’re dealing with injuries that could take months to heal, medical bills piling up, and a property owner who won’t return your calls.
Slip and fall cases are notoriously difficult to win. Property owners and their insurance companies have standard defenses they deploy in every case: you should have been watching where you were going, the hazard was obvious, you were wearing the wrong shoes. They count on victims giving up.
At Layton Law, we don’t give up. Christopher Layton has spent 15 years holding negligent property owners accountable for the injuries they cause. We understand North Carolina premises liability law, we know how to prove negligence, and we fight insurance companies who try to blame victims for dangerous conditions that never should have existed.
If you’ve been injured in a Charlotte slip and fall accident, we can help.
Why Choose Layton Law for Your Slip and Fall Case
We Understand Premises Liability
Slip and fall cases require proving that a property owner knew or should have known about a dangerous condition and failed to address it. This is harder than it sounds. We know how to investigate these cases, gather the right evidence, and establish clear liability.
15 Years of Charlotte Experience
Chris Layton has practiced personal injury law in Charlotte for 15 years. He earned his J.D. from Wake Forest University and is licensed in North Carolina state courts and the Federal Western District of North Carolina. He understands how Mecklenburg County courts handle premises liability cases and what it takes to win.
No Upfront Costs
You’re dealing with medical bills and possibly lost wages. You shouldn’t have to worry about legal fees on top of everything else. We handle all slip and fall cases on a contingency fee basis—you pay nothing unless we recover money for you.
Aggressive Representation
Insurance companies take advantage of unrepresented claimants. They make lowball offers and hope you’ll accept out of desperation. We push back. We document your injuries thoroughly, calculate your claim’s full value, and refuse to settle for less than you deserve.
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“Layton Law Firm assisted me with all my questions during our consultation and provided me w/ additional information, which was extremely helpful…Chris Layton is very knowledgable about personal injuries and property damages. He’s very patient, easy to speak to, an active and engaging listener. THANK YOU CHRIS!!” — Hassana Olarinre
The Scope of Fall Injuries in Charlotte and Beyond
Falls are far more dangerous than most people realize. The CDC reports that approximately 3 million older adults visit emergency departments each year due to falls, and nearly 1 million require hospitalization. Falls are the leading cause of injury-related death for Americans 65 and older.
But fall injuries don’t just affect seniors. The Bureau of Labor Statistics identifies slips, trips, and falls as the second leading cause of workplace fatalities—second only to transportation incidents. More than 800,000 people are hospitalized annually due to fall injuries across all age groups.
The average hospital cost for a fall-related injury exceeds $30,000. Hip fractures alone account for nearly 319,000 hospitalizations each year, and 95% of hip fractures result from falls. Falls are also the most common cause of traumatic brain injuries.
These statistics represent real people whose lives were changed in an instant—often because a property owner failed to maintain safe conditions.
North Carolina Premises Liability Law for Charlotte Slip and Falls
North Carolina law requires property owners to exercise reasonable care in maintaining their premises for lawful visitors. This means keeping the property reasonably safe and warning visitors of any hidden dangers the owner knows about or should know about.
The 1998 Change: Nelson v. Freeland
North Carolina premises liability law changed significantly in 1998 when the state Supreme Court decided Nelson v. Freeland. Before that decision, courts applied different standards depending on whether the injured person was an “invitee” (someone invited for the owner’s benefit, like a customer) or a “licensee” (someone permitted to be there for their own purposes, like a social guest).
The Nelson decision eliminated this distinction. Now, property owners owe the same duty of reasonable care to all lawful visitors. This means whether you were shopping at a store, visiting a friend’s home, or attending an event, the property owner must take reasonable steps to protect you from foreseeable hazards.
What Property Owners Must Do
Under North Carolina law, property owners must:
- Maintain their property in a reasonably safe condition
- Inspect their property regularly for dangerous conditions
- Repair known hazards within a reasonable time
- Warn visitors of hidden dangers that cannot be immediately corrected
- Take reasonable steps to prevent foreseeable injuries
Property owners aren’t required to guarantee visitor safety. But they must act as a reasonable person would under similar circumstances.
Trespassers Are Different
The duty of reasonable care applies only to lawful visitors. Under N.C.G.S. Chapter 38B, property owners owe trespassers only the duty to refrain from willful or wanton harm. There’s an important exception for children who may be attracted to dangerous conditions on property (the “attractive nuisance” doctrine), but adult trespassers generally cannot recover for injuries.
Contributory Negligence
North Carolina follows contributory negligence rules. Under N.C.G.S. § 1-139, if you’re found even 1% at fault for your accident, you may be completely barred from recovery.
This harsh rule is why property owners and insurers aggressively blame victims in slip and fall cases. They’ll argue you weren’t paying attention, were walking too fast, should have seen the hazard, or were wearing inappropriate footwear. We know how to counter these arguments and protect your right to compensation.
Types of Charlotte Slip and Fall Cases We Handle
Our Charlotte premises liability attorneys represent clients injured in all types of slip and fall accidents:
- Wet Floor Accidents. Spilled liquids, recently mopped floors, leaking refrigeration units, rain tracked in from outside—wet floors cause countless injuries every year. Property owners must clean up spills promptly or post warning signs. When they fail to do either, they’re liable for resulting injuries.
- Ice and Snow Falls. Charlotte doesn’t see heavy snow often, but when winter weather arrives, property owners must take reasonable steps to clear walkways and parking lots. They must also address ice that forms from improper drainage or runoff from buildings.
- Uneven Surfaces. Cracked sidewalks, broken pavement, torn carpeting, loose floorboards, transitions between flooring types—uneven surfaces catch people off guard and cause serious falls. Property owners have a duty to repair these conditions or warn visitors of the danger.
- Inadequate Lighting. Parking lots, stairwells, hallways, and entryways with poor lighting create fall hazards. When visitors can’t see where they’re walking, dangerous conditions become invisible until it’s too late.
- Defective Stairs and Handrails. Broken steps, missing handrails, uneven risers, and worn treads contribute to serious stairway falls. Building codes exist for a reason—property owners who ignore them create dangerous conditions.
- Parking Lot Falls. Potholes, crumbling asphalt, inadequate striping, poor drainage, and missing curb cuts all create hazards in parking lots. Property owners must maintain these areas just as they maintain interior spaces.
- Grocery Store and Retail Falls. Grocery stores present particular hazards: produce on the floor, spilled liquids in the freezer aisle, boxes left in walkways, recently mopped floors. Retailers have a duty to regularly inspect their premises and address hazards promptly.
- Restaurant Falls. Kitchens produce grease and spills that migrate to dining areas. Servers carry beverages through crowded spaces. Floors get mopped during business hours. Restaurant owners must manage these risks to protect customers.
- Apartment Complex Falls. Landlords must maintain common areas in rental properties. Stairwells, walkways, parking lots, laundry rooms, and fitness centers all fall under the landlord’s responsibility. When hazardous conditions in these areas cause injuries, the landlord may be liable.
- Hotel Falls. Hotels welcome guests onto their premises for profit. They have a duty to maintain safe conditions throughout the property—in lobbies, hallways, rooms, pool areas, and parking structures.
Common Slip and Fall Injuries
Falls can cause devastating injuries, especially when the victim is older or lands awkwardly. Common injuries in slip and fall cases include:
Hip Fractures
The CDC notes that 95% of hip fractures result from falls. Nearly 319,000 older adults are hospitalized for hip fractures annually. These injuries often require surgery and extensive rehabilitation. Many victims never fully recover their previous mobility.
Traumatic Brain Injuries
Falls are the most common cause of traumatic brain injuries. Even a seemingly minor bump to the head can cause concussion, contusion, or more severe brain damage. Symptoms may not appear immediately but can affect cognition, memory, and personality for years.
Spinal Cord Injuries
Falls that impact the back or neck can damage the spinal cord, potentially causing partial or complete paralysis. These catastrophic injuries require lifelong medical care and fundamentally change the victim’s life.
Broken Bones
Wrists, arms, ankles, legs, and shoulders frequently break when people try to catch themselves during a fall. Fractures often require surgery, hardware installation, and months of physical therapy.
Soft Tissue Injuries
Torn ligaments, strained muscles, and damaged tendons cause significant pain and may require surgical repair. Soft tissue injuries can take months to heal and may cause chronic problems.
Back Injuries
Herniated discs, compression fractures, and muscle strains frequently result from falls. Back injuries can cause chronic pain that interferes with work and daily activities indefinitely.
Knee Injuries
Torn ACLs, MCLs, and meniscus injuries commonly occur in slip and fall accidents. These injuries often require surgery and lengthy rehabilitation.
Insurance companies routinely minimize fall injuries. They’ll suggest you should have recovered by now or that your injuries existed before the fall. We work with medical experts to document the full extent of your injuries and their connection to the accident.
Proving a Slip and Fall Case
Slip and fall cases are challenging because you must prove more than just that you fell and got hurt. You must establish:
The Property Owner’s Duty
First, we must show that the property owner owed you a duty of care. If you were a lawful visitor—a customer, guest, tenant, or member of the public in a public space—the owner owed you reasonable care.
Knowledge of the Hazard
This is often the hardest element. We must prove that the property owner knew or should have known about the dangerous condition. There are several ways to establish this:
- Actual knowledge: The owner was told about the hazard or observed it directly
- Constructive knowledge: The hazard existed long enough that a reasonable owner would have discovered it through routine inspection
- Created the hazard: The owner or their employees caused the dangerous condition
Failure to Act
We must show that the owner failed to take reasonable steps to address the hazard—either by repairing it, removing it, or warning visitors about it.
We must connect the dangerous condition to your fall and your injuries. This means proving that the hazard actually caused you to fall and that the fall caused your injuries.
Damages
Finally, we must document your actual losses—medical expenses, lost wages, pain and suffering, and other damages.
Evidence is critical in slip and fall cases. Photographs of the hazard, witness statements, incident reports, surveillance footage, maintenance records, and inspection logs can all help prove your case. This evidence can disappear quickly, which is why contacting an attorney promptly matters.
What Your Slip and Fall Case Is Worth
Every case is different. But North Carolina law allows injured victims to recover both economic and non-economic damages.
Economic Damages
These cover your quantifiable financial losses:
- Emergency room and hospital bills
- Surgery and procedure costs
- Medications and medical equipment
- Physical therapy and rehabilitation
- Future medical treatment
- Lost wages during recovery
- Reduced earning capacity if injuries are permanent
- Home modifications if needed due to disability
Non-Economic Damages
These compensate for losses that don’t come with receipts:
- Physical pain and suffering
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of consortium for spouses
We calculate your claim’s value before entering any negotiations, ensuring you understand what your case is actually worth.
Insurance Company Tactics in Slip and Fall Claims
Insurance adjusters handling premises liability claims use predictable tactics to minimize or deny compensation:
Blaming the Victim
This is their primary strategy. They’ll argue you weren’t paying attention, were distracted by your phone, were wearing inappropriate shoes, should have seen the obvious hazard, or were walking where you shouldn’t have been. Remember: under North Carolina’s contributory negligence rule, if they can pin even 1% of fault on you, they pay nothing.
Denying Knowledge
Insurers claim the property owner didn’t know about the hazard and couldn’t have discovered it through reasonable inspection. They’ll argue the spill happened moments before your fall, the crack just appeared, or no one had ever complained before.
Disputing Causation
They’ll question whether the hazard actually caused your fall or whether your injuries really resulted from the fall. They might claim you tripped over your own feet or that your injuries predated the accident.
Minimizing Injuries
Adjusters downplay injury severity. They’ll point to gaps in medical treatment, suggest you’re exaggerating, or claim your injuries should have healed by now.
Quick Lowball Offers
Some insurers offer fast settlements hoping you’ll accept before understanding your claim’s true value. These offers rarely cover long-term medical needs or non-economic damages.
Delay Tactics
Others drag out the process hoping you’ll give up or become desperate enough to accept a poor offer.
We’ve seen all these tactics. We know how to counter them and protect your right to fair compensation.
Steps After a Slip and Fall Accident
At the Scene
- Report the incident to management or the property owner
- Ask them to create a written incident report and get a copy
- Take photographs of the hazard, the surrounding area, your injuries, and your footwear
- Get names and contact information from any witnesses
- Note the names of employees who respond to the incident
- Seek medical attention—even if injuries seem minor
In the Following Days
- See a doctor promptly if you haven’t already
- Follow all medical recommendations and attend follow-up appointments
- Keep detailed records of your symptoms, treatments, and expenses
- Preserve the clothing and shoes you were wearing
- Don’t give recorded statements to insurance companies
- Don’t post about the accident on social media
- Contact a Charlotte slip and fall lawyer before accepting any settlement offers
Knowing what to do after an accident protects your right to compensation.
The Legal Process
Here’s what to expect when you work with Layton Law:
Stage 1: Free Consultation We review the facts of your accident, assess your injuries, and explain your legal options. There’s no cost and no obligation.
Stage 2: Investigation We gather evidence: incident reports, surveillance footage, maintenance records, witness statements, building code violations, prior complaints, and expert analysis when needed. We identify all potentially liable parties.
Stage 3: Medical Documentation We ensure your injuries are properly documented by appropriate medical providers. Complete medical records are essential for proving damages and defeating insurance company arguments.
Stage 4: Demand and Negotiation We prepare a comprehensive demand package documenting liability, injuries, and damages. Most cases settle during negotiations, but we prepare every case as if it’s going to trial.
Stage 5: Resolution Whether through settlement or verdict, we work to maximize your recovery. We handle all liens and ensure you receive your compensation promptly.
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“Great service from the first phone call all the way to picking up my check. They are definitely worth talking to for any legal needs. Mr.Layton is a very nice easy to speak with guy and Jennifer d. Was always correct with times and dates pertaining to my case. I’ll use them again if needed” — Joshua Gibson
Time Limits Matter
North Carolina’s statute of limitations gives you three years from your accident to file a personal injury lawsuit. Under N.C.G.S. § 1-52, missing this deadline means losing your right to compensation entirely.
But waiting damages your case even if you file within the deadline. Evidence disappears. Surveillance footage gets overwritten—often within 30 days or less. Witnesses forget details or move away. Hazards get repaired without documentation. Property ownership changes hands.
Medical evidence is also strongest when documented immediately. Delays give insurance companies ammunition to argue your injuries weren’t caused by the fall or aren’t as serious as claimed.
Contact a Charlotte slip and fall attorney as soon as possible after your accident. The sooner we can investigate, the stronger your case will be.
Frequently Asked Questions
How do I prove the property owner knew about the hazard?
We investigate thoroughly. Maintenance logs, inspection records, prior incident reports, employee testimony, and surveillance footage can all establish that the owner knew or should have known about the dangerous condition.
What if I was partially at fault for my fall?
North Carolina’s contributory negligence rule makes this critical. If you’re found even slightly at fault, you may be barred from recovery. We build cases that establish clear property owner fault and counter victim-blaming arguments.
How long do I have to file a claim?
Three years from the date of your accident under North Carolina law. But critical evidence can disappear within days, so contact an attorney promptly.
What if I fell at a rented property?
Depending on where you fell, the landlord, property management company, or tenant may be responsible. Landlords typically maintain control over common areas like stairwells, walkways, and parking lots.
What if I fell at work?
Workplace falls may involve workers’ compensation claims, third-party liability claims, or both. If a party other than your employer contributed to your fall, you may have a separate premises liability claim.
How much is my case worth?
Case value depends on injury severity, medical costs, lost income, and non-economic damages. We provide honest assessments during free consultations.
Do I really need a lawyer?
Slip and fall cases are notoriously difficult. Property owners have insurance companies with experienced adjusters and defense attorneys working to minimize or deny your claim. Without legal representation, you’re at a significant disadvantage. Accident victims with attorneys consistently recover more than those who go it alone.
What if the property owner claims they didn’t know about the hazard?
We investigate to establish constructive knowledge—evidence that the hazard existed long enough that reasonable inspection would have revealed it. We also look for evidence that the owner created the hazard or had actual notice through prior complaints.
Will my case go to trial?
Most premises liability cases settle before trial. But we prepare every case as if it’s going to trial, which strengthens our negotiating position. If the insurance company won’t offer fair compensation, we’re prepared to take your case to court.
About Layton Law
Christopher Layton founded this firm to help people who would otherwise be taken advantage of by insurance companies. He earned his law degree from Wake Forest University and has practiced personal injury law in Charlotte for 15 years. He’s a member of the North Carolina State Bar and the Mecklenburg Bar Association.
Chris lives in Charlotte with his wife and two daughters. When he’s not fighting for clients, he’s hiking local trails, performing standup comedy, or spending time with his yellow lab, Fisher.
Every client gets direct access to Chris. We don’t treat cases like numbers—we treat people like people.
About our firm | About Christopher Layton
Local Resources
Charlotte-Mecklenburg Police Department 601 E. Trade Street, Charlotte, NC 28202 Non-Emergency: (704) 336-7600 CMPD Website
Atrium Health Carolinas Medical Center Charlotte’s only Level I Trauma Center 1000 Blythe Blvd, Charlotte, NC 28203 (704) 355-2000 Emergency Services
Novant Health Presbyterian Medical Center Level II Trauma Center 200 Hawthorne Lane, Charlotte, NC 28204 (704) 384-4000 Emergency Care
CDC Fall Prevention Resources Older Adult Fall Prevention
OSHA Slip, Trip, and Fall Prevention Workplace Safety Resources
Visit The Layton Law Firm of Charlotte, NC – Your Slip and Fall Accident Lawyers
1001 East Blvd, First Floor Charlotte, NC 28203
Contact a Charlotte Slip and Fall Lawyer
If you’ve been injured in a slip and fall accident, the property owner’s insurance company is already working against you. They’re gathering evidence. They’re preparing defenses. They’re looking for ways to blame you for what happened.
You need someone fighting for you.
Our Charlotte slip and fall attorney understands premises liability law and knows how to prove property owner negligence. We’ve seen the tactics insurance companies use, and we know how to counter them.
Call Layton Law today for a free consultation. We’ll review your case, explain your options, and answer your questions.
There are no upfront costs. We don’t get paid unless you do.
Free consultation | Contact us
Christopher D. Layton, Esq.
Christopher D. Layton, Esq. is the founder and lead attorney of The Layton Law Firm. He has been practicing law in Charlotte since 2000 and currently focuses on the plaintiff’s needs and personal injury clients. Chris chose to become a lawyer to protect people who would be taken advantage of without strong legal advocacy, and this dedication to the needs of his clients shows in the firm’s strong record of successful results. He founded The Layton Law Firm in 2011.