I slipped and fell during a recent ice storm and injured my knee. I was walking to my mailbox early that morning in the apartment complex where I live, when I slipped on ice on the common sidewalk area. I tore my meniscus and will need knee surgery. I called my apartment manager to report the incident and find out if they would help pay for my surgery. They said they have no liability. Is that true?
Mike Lewis, Founding Partner At Lewis & Keller
I’m so sorry to hear about your injury. Unfortunately, it would be very difficult to recover in North Carolina. First, the property owner has no duty to warn of open and obvious dangers. And even worse, we are one of only 4 states that still have Contributory Negligence. If you knew there was ice around the mailbox because of the recent ice storm and did not take proper care for your own safety, you would be considered negligent. Even if you are 1% at fault, you probably would not recover anything in North Carolina because of this harsh law.