Slip and fall accidents can happen anywhere: a wet floor in a grocery store, a broken staircase in an apartment complex, a pothole in a restaurant parking lot. When these accidents cause serious injuries, the property owner or manager may be legally responsible.
Slip and fall injuries in Asheville frequently occur at the Asheville Mall, Biltmore Village, the River Arts District, Pack Square, the Grove Arcade, downtown Asheville restaurants and breweries, and the Biltmore Estate grounds, as well as apartment complexes, office buildings, and parking lots throughout Buncombe County.
At Monge & Associates Injury and Accident Attorneys, our Asheville slip and fall lawyers have recovered over $1 billion for injury victims since 1993. The call is free, and you pay nothing unless we win.
If you were injured in Asheville or anywhere in Buncombe County, speak with our legal team at (828) 944-8674.
Monge & Associates Injury and Accident Attorneys — 1100 Ridgefield Blvd, Suite E, Asheville, NC 28806 · (828) 944-8674
Our Asheville attorneys are part of our statewide North Carolina personal injury lawyer team.
Proving Premises Liability in North Carolina
To succeed in a slip and fall case in North Carolina, your attorney must establish four elements.
Duty of care. North Carolina law recognizes different duties depending on the visitor’s status. Business invitees (customers, clients) are owed the highest duty of care. Licensees (social guests) are owed a lesser duty. Trespassers are generally owed the least protection, though exceptions exist for children under the attractive nuisance doctrine.
Knowledge of the hazard. You must show the property owner had actual knowledge of the dangerous condition, or that the condition existed long enough that a reasonable owner would have discovered it through routine inspection. Surveillance footage, maintenance logs, and prior incident reports are critical evidence.
Failure to address the hazard. The owner must have failed to fix the hazard, warn visitors about it, or take reasonable steps to prevent injuries. Warning signs alone may not be sufficient if the owner had time to repair the condition.
Causation. The hazardous condition directly caused your fall and your resulting injuries.
Pure Contributory Negligence: North Carolina follows pure contributory negligence, one of only a handful of states that still uses this strict standard. Insurance companies may argue you were not paying attention, were wearing inappropriate footwear, or ignored visible warnings. In a contributory negligence state, even a small amount of attributed fault eliminates your recovery entirely.
What to Do After a Slip and Fall in Asheville
1. Seek Medical Attention. Even if injuries seem minor, get evaluated promptly. Mission Hospital (a Level II trauma center and the largest hospital in western North Carolina), Charles George VA Medical Center, and AdventHealth Hendersonville can provide immediate care.
2. Report the Incident. Notify the property owner or manager. Request a written incident report.
3. Document Everything. Take photos of the scene, vehicles or hazards, and any visible injuries. Collect witness information.
4. Avoid Speaking With Insurance Adjusters Alone. Do not give recorded statements without consulting an attorney. In a contributory negligence state, anything you say can be used to assign fault and eliminate your recovery.
5. Contact a Asheville Slip and Fall Lawyer. At Monge & Associates Injury and Accident Attorneys, we offer free consultations and work on a contingency fee basis. You pay nothing unless we recover compensation for you.
Compensation Available in Asheville Slip and Fall Cases
Economic Damages: Medical expenses, lost wages, reduced earning capacity, property damage.
Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium.
Punitive Damages: In cases involving egregious misconduct, North Carolina courts may award punitive damages (capped at three times compensatory damages or $250,000, whichever is greater, with an exception for impaired driver cases).
Asheville Slip and Fall FAQs
How long do I have to file a slip and fall lawsuit in Asheville?
North Carolina gives injury victims three years (N.C. Gen. Stat. § 1-52) to file a lawsuit.
Can I still recover if I was partially at fault?
North Carolina follows pure contributory negligence. If you are found to bear any fault at all, you are barred from recovering any compensation. This makes legal representation critical from the start.
Where will my Asheville case be heard?
Most cases are heard in the Buncombe County Superior Court, part of Judicial District 40.
How much does a Asheville slip and fall lawyer cost?
Monge & Associates Injury and Accident Attorneys works on a contingency fee basis. You pay nothing unless we win.
Contact a Asheville Slip and Fall Lawyer at Monge & Associates Injury and Accident Attorneys
If you were injured in Asheville, the team at Monge & Associates Injury and Accident Attorneys is ready to fight for your recovery.
Call us today at (828) 944-8674, or contact us online for a free consultation.