Legal Question in Personal Injury in North Carolina

My mom fell in the Walmart parking lot a couple weeks ago. We have tried calling a few different attorney's and no one is willing to take her case. So, I'm wondering is trying to sue a large company such as Walmart the problem.


Asked on 10/17/11, 10:55 am

1 Answer from Attorneys

Geneva Yourse Cauley Pridgen, PA

While it is never pleasant to sue Wal-mart, there may be another reason why your mother is having problems finding an attorney. It is difficult to find a slip and fall attorney in NC because NC has a legal principle called 'contributory negligence.' According to this principle, if the person, in any way, could have avoided the accident and did not, she cannot recover because she contributed to her injury. This means that if someone would have looked down and been able to see the item that they slipped and fell on, that person cannot recover any damages. You should continue to look for an attorney, because there are defenses to the contributory negligence claim.

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Answered on 10/17/11, 11:27 am


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