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Can You Sue the City of Charlotte for a Slip and Fall Accident?

November 7, 2024

Slip and fall accidents can happen anywhere, from sidewalks to public parks and government buildings. When such accidents occur on city-owned property in Charlotte, North Carolina, the question often arises: Can you sue the City of Charlotte for a slip and fall accident?

While it is possible, pursuing a claim against the city involves unique legal challenges and strict procedural requirements. Here, Our Mecklenburg County personal injury lawyers at Dewey, Ramsay & Hunt, P.A. explain the key considerations you need to keep in mind.

City of Charlotte for a Slip and Fall Accident

Understanding Governmental Immunity

Governmental immunity is a legal doctrine shielding municipalities and other government entities from liability in certain situations. However, the City of Charlotte may be held liable for a slip-and-fall accident if the injury occurred due to negligence in the city’s maintenance of public property. This could include poorly maintained sidewalks, inadequate lighting, uneven pavement, or unsafe conditions in city-owned buildings.

Filing a Claim Against the City

If you believe the City of Charlotte is responsible for your injuries, filing a claim differs significantly from pursuing a claim against a private property owner.

To sue the city, you must adhere to the following steps:

  • Notice of Claim

You must notify the city of your intention to file a claim within a specific time-frame, often called the “notice period.” In North Carolina, the time limit for filing the notice of claim varies city to city.

The notice must include essential details such as:

  • Your name and contact information.
  • The date, time, and location of the accident.
  • A description of the hazardous condition that caused the accident.
  • The injuries sustained and the damages sought.

Failure to file this notice within the required period can result in your claim being dismissed.

  • Proving Negligence

To succeed in a slip-and-fall claim against the City of Charlotte, you must prove that:

  • The city was aware (or should have been) of the hazardous condition.
  • The city failed to take reasonable steps to address or warn about the hazard.
  • The dangerous condition directly caused your injuries.

For example, suppose a cracked sidewalk in a city park caused your fall. In that case, you must demonstrate that the city had knowledge of the defect and neglected to repair it within a reasonable time-frame.

Challenges of Suing the City

Lawsuits against municipalities are often more complex than cases involving private property owners.

Common challenges include:

  • Short Deadlines: The notice period for filing a claim is much shorter than the statute of limitations for standard personal injury cases.
  • Limited Liability: State laws may cap the city’s liability, restricting the compensation you can recover.
  • Burden of Proof: Demonstrating the city’s negligence often requires extensive evidence, including photographs, witness statements, and maintenance records.

Why Legal Representation Matters

Navigating the legal process of suing the City of Charlotte can be overwhelming, especially when dealing with injuries and medical bills. Working with experienced personal injury attorneys, like those at Dewey, Ramsay & Hunt, PA. ensures that your claim is filed correctly and within the required time-frame. Our team understands the nuances of governmental immunity and how to build a strong case against the city.

Consult Our Charlotte Personal Injury Attorneys for Help

If you were injured on public property in North Carolina, our personal injury attorneys in Charlotte at Dewey, Ramsay & Hunt, PA. want to hear your story during a free consultation by calling 704-377-3737 or contacting us online.

We provide unique legal services tailored to each client’s needs and do not get paid unless you do.

Your Injury, Our Fight. How can we help you take a stand?

Because every case is different, the description of awards and issues previously managed by our law firm does not guarantee a similar outcome in current or future cases.