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You Got Hurt Because a Property Owner Cut Corners
You are worried the property owner’s insurance company will twist your words. You are worried they will say your fall on the wet floor was your fault for not looking down. You are worried about the medical bills stacking up while you cannot work. You are worried no one will believe how bad the fall was.
Raleigh slip and fall lawyer Joseph P. Tunstall, III has represented injured people for more than 25 years and has 100+ plaintiff’s verdicts. He built that record by learning exactly how insurance adjusters try to shift blame onto the person who got hurt, and he uses that knowledge to build his clients’ cases.
Tell us what happened when you fell, and we will tell you whether you have a case worth pursuing.
| Avvo Rating: 10.0 Superb – Joseph P. Tunstall, III | Super Lawyers 2014 to 2026 | Million Dollar Advocates Forum | American Association for Justice Member Firm |
For a free consultation call (919) 277-0150
Our Raleigh slip and fall attorney team knows that not every fall on someone else’s property looks the same, and the law treats them differently depending on what caused it. We represent people hurt by:
We handle these cases for people hurt in local stores, restaurants, businesses, apartment buildings, and in large public venues like the Raleigh Convention Center.
If your fall does not fit neatly into one of these categories, it may still qualify as a premises liability claim, and it is worth having a lawyer look at the specific facts before you assume otherwise.
North Carolina is one of the few states left with a rule called pure contributory negligence. If the property owner’s insurance company can convince a jury that you were even 1% responsible for your own fall, they can try to pay you nothing at all. It is the reason insurance adjusters ask so many questions about what you were doing, what you were wearing, and whether you were looking at your phone.
You also have a limited time to file a claim. Under N.C. Gen. Stat. § 1-52(5), most personal injury claims in North Carolina must be filed within three years of the date you were hurt. Wait too long, and the court can throw out your case no matter how badly you were injured or how careless the property owner was. Insurance companies know this deadline exists, and some will slow down settlement talks hoping you run out of time.
This reflects North Carolina law as of August 2026.
To have a successful premises liability claim, you will need to show that:
If you can prove these elements, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages.
Winning a Raleigh slip and fall case usually comes down to proof, not opinion. We start by locking down the evidence before it disappears, including incident reports, security footage, maintenance logs, and photos of the hazard itself, because floors get mopped and warning signs get removed quickly after a fall.
We also investigate the property owner’s own maintenance history. If a business knew about a leak, a broken step, or a security gap and did nothing about it, that pattern of neglect becomes central to your case, and it can be the difference between a denied claim and a fair settlement.
Nothing upfront. We work on a contingency fee, so you do not owe us anything unless we recover compensation for you. Your first consultation is free.
Under North Carolina’s pure contributory negligence rule, that claim matters more here than in almost any other state. If the insurance company can show you were even slightly at fault, they can try to deny your entire claim. That is exactly why we investigate the hazard and the property owner’s conduct before the insurance company gets to tell the story first.
Yes, if the venue knew or should have known about a hazard and failed to fix it or warn you.
Possibly. Homeowners owe visitors a duty to keep their property reasonably safe, though the specific duty depends on why you were there. We can tell you plainly whether your situation supports a claim once we know the details.
You may be entitled to past and future medical expenses, lost wages, and compensation for pain and suffering, depending on the severity of your injury and who was at fault.
An early offer is usually the insurance company’s lowest number, made before they know the full extent of your injury. Talk to a lawyer before you accept anything or sign a release.
If your situation does not fit neatly into any of these answers, that does not mean you do not have a case. It means it is time to talk to someone who can look at the details.
The property owner’s insurer is already building their side of the story. Contact O’Malley Tunstall PC today to schedule a free consultation with a Raleigh slip and fall lawyer. The sooner we get involved, the sooner we can lock down the evidence your case may depend on.