What Do I Have to Prove to Win a Slip and Fall Case in North Carolina?

From the team at Huggins Law Firm, P.C., we want to talk about something that most people are embarrassed about: falling in public.

One minute, you are walking through a grocery store in Greensboro, a parking lot in Winston-Salem, or an apartment stairway in High Point. The next, you are on the ground, and you are in a lot of pain.

You feel embarrassed. You feel “clumsy.” You might have even told the manager, “I’m so sorry, I should have watched where I was going.”

We want to tell you: Stop. It is probably not your fault.

Property owners have a legal duty to keep their floors, stairs, and parking lots safe. When they fail, and you get hurt, they are responsible.

But we have to be honest with you. In North Carolina, these are the hardest Personal Injury cases to win. The law is not on your side. It is built to protect the property owners and their powerful insurance companies.

You are probably scared, in pain, and worried about the medical bills and the time you’re missing from work. You need a team that knows this system.

For decades, our firm has been helping families in North Carolina. We have deep experience in Personal Injury, Family Law, Criminal Law, Estate Planning, and Bankruptcy. We are a full-service firm for families, and we understand that a bad fall can shake your entire life.

This page is your simple, clear guide. We are going to tell you the truth about the two giant traps that are standing in your way.

Key Takeaways from This Page

We know you are overwhelmed. If you only read one part, read this:

• The “0% Trap” is Real. North Carolina has a “Contributory Negligence” rule. This means if the store’s lawyer can prove you were even 1% at fault (e.g., you were looking at your phone), you can get ZERO. This is the #1 defense.
• You Have to Prove the Owner Knew. It is not enough to prove you fell. You must prove the property owner knew about the danger (like a spill) and did nothing, OR that the danger was there for so long they should have known about it.
• Take Pictures. It is Your “Magic Wand.” The most important evidence is a picture of what you fell on, right after you fell.
• Do NOT Talk to the Adjuster. Do not give a recorded statement. Do not sign anything. Their only job is to get you to say something they can use to prove you were that “1% at fault.”
• The Clock is Ticking. You have three (3) years from the date of the fall to file a lawsuit. If you wait, you lose all your rights.

The “0% Trap”: The #1 Reason You Will Lose Your Case

This is the most important, and scariest, part of North Carolina law. It is called “Pure Contributory Negligence.”

This is a cruel, old-fashioned rule that only four states still use. In most states, if you are 10% at fault, and the store is 90% at fault, you can get 90% of your money. That sounds fair.

That is NOT the law here.

In North Carolina: If you are 1% at fault… you get $0. If you are 49% at fault… you get $0.

If you are found to have “contributed” to your own fall in any tiny, small way, you are barred by law from getting one single penny.

This is the entire strategy for the insurance company’s lawyers. Their only job is to find that 1%.

• “She was looking at her grocery list, not the floor.” (1% fault)
• “He was texting while walking.” (1% fault)
• “She was wearing high heels. A ‘reasonable’ person would have worn sneakers.” (1% fault)
• “The spill was ‘open and obvious.’ He should have seen it.” (1% fault)

They will pull the store video. They will ask you for a recorded statement just to get you to say, “Yeah, I was in a hurry, I wasn’t really paying attention.” And just like that… your case is over.

This is why you must have an experienced Personal Injury lawyer from the very beginning. Our job is to be your shield. Our job is to build the case that proves the store was 100% at fault, and you were 0% at fault. We tell the adjuster, “You will not talk to our client. You will talk to us.”

The “Knew or Should Have Known” Trap: Why “I Fell” is Not Enough

This is the second, giant hurdle. In North Carolina, it is not enough to prove you fell. It is not enough to prove you were hurt.

You must prove that the property owner was negligent. To do this, you have to prove one of two things:

1. The owner (or their employee) KNEW about the danger and did nothing to fix it or warn you.
2. The danger was there for SO LONG that the owner should have known about it.

The “Spilled Milk” Analogy

This is the easiest way to think about it.

• You LOSE if: A customer spills milk in Aisle 3, and you slip on it 30 seconds later. Is the store “at fault”? No. It is not reasonable to expect them to find and clean a spill in 30 seconds.
• You WIN if (Knew): An employee sees the spilled milk, says “I’ll get to it later,” and walks away. Ten minutes later, you slip and fall. They knew about it and failed to act. That is negligence.
• You WIN if (Should Have Known): The spilled milk is still on the floor two hours later. It’s crusty. There are “track marks” from shopping carts rolling through it. The law says a reasonable store owner, doing reasonable safety checks, should have found that spill by now. Their failure to find it is negligence.

This is what your lawyer has to prove. How do we do it? We send legal letters demanding the store save their evidence.

• Video Footage: We can see exactly when the milk spilled… and how many employees walked right past it.
• Cleaning Logs: We can see if they really did their “hourly safety check.”
• Witnesses: We find the other customer who almost slipped, or the employee who saw it.

This is not a “simple” case. This is a deep investigation.

Who Were You? (The 3 Types of Visitors in NC Law)

This is a “secret” part of the law. What the owner “owes” you depends on why you were on their land.

1. The “Invitee” (You are a Customer)

• Who you are: You are a customer at a store, a diner at a restaurant, or a patient at a hospital. You were “invited” onto the land to do business.
• The Duty: This is the highest duty of care. The owner must actively look for dangers. They have a duty to do safety checks and find and fix any hidden traps, from a wet floor in a Greensboro grocery store to a pothole in a Winston-Salem parking lot.

2. The “Licensee” (You are a “Social Guest”)

• Who you are: You are a guest at a friend’s party. You are a relative visiting for the holidays. You are “allowed” to be there, but not for “business.”
• The Duty: This is a lower duty. Your friend does not have to “inspect” their home for dangers. They only have a duty to WARN you of dangers they already know about. (e.g., “Watch out, that back step is broken.”)

3. The “Trespasser” (You are “Not Allowed”)

• Who you are: You are not supposed to be on the land.
• The Duty: The lowest duty. The owner cannot intentionally hurt you (they can’t set a “booby trap”). But they have no duty to warn you or keep it safe for you.

Almost all “slip and fall” cases involve “Invitees.” Our job is to prove the business failed in its high duty to keep you safe.

These Are Not “Accidents.” They Are Failures.

When we say “premises liability,” it’s a big legal word. But it just means the owner failed at their job. We see these failures all over North Carolina:

• Wet/Slippery Floors: The #1 case. Spilled liquids, tracked-in rain at a Burlington mall, or a “freshly mopped” floor with no warning sign.
• Poor Lighting: Dark parking lots or apartment stairwells in High Point or Kernersville. You can’t avoid a danger you can’t see.
• Broken Stairs & Handrails: A “wobbly” handrail that breaks off when you grab it. A “rotten” wooden step that gives way.
• Parking Lot Dangers: Potholes, cracked sidewalks, or broken wheel stops that create a “trip wire.”
• Negligent Security: This is a big one. This is when you are attacked or robbed in a place that should have been safe. (e.g., an apartment building in Graham with broken locks, or a parking garage in Greensboro with no security cameras or burnt-out lights).

This “negligent security” is where our Criminal Law experience is a huge help. We know how to show that the owner’s failure to provide safety is what allowed the criminal to attack you.

The “Secret” Stat: How Big is This Problem?

When you fall, you feel “clumsy” and “old.” The truth is, these falls are an epidemic, and they are devastating.

• The ER Stat: The National Floor Safety Institute (NFSI) reports that “falls account for over 8 million hospital emergency room visits” every year. This is the #1 reason for ER visits. (Source: NFSI).
• The “Hospital” Stat: The CDC reports that over 800,000 people are hospitalized every year because of a fall, most often for a head injury or a hip fracture.

A broken hip is not a “minor” injury for an older person. A broken hip can be a life-ending event. This is why we take these cases so seriously. This is not about being “clumsy.” This is about a failure that can cost you your life.

What to Do Right Now (Your 5-Step Plan to Save Your Case)

The insurance company’s lawyers are already working to build a case against you. You must start building your case. You can do it in these 5 steps.

Step 1: Get Medical Help. NOW. Go to the ER or an urgent care that day. Even if you “feel okay.” Adrenaline can hide a major injury. This does two things:

1. It protects your health.
2. It creates a legal record that links your injury to the fall. If you wait a week, the insurer will say, “You must have hurt yourself at home!”

Step 2: Report It. Create a Paper Trail. Tell the manager immediately. Ask them to fill out an “Incident Report” and ask for a copy. (They will probably say “no.” That’s okay. We just want to prove they knew about it).

Step 3: Take Pictures. This is Your “Magic Wand.” This is the most important thing you can do. Use your cell phone. Take too many pictures.

• Get a wide shot of the whole area.
• Get a close-up of what you fell on (the spill, the ice, the broken tile).
• Get a picture from “your” angle, showing why it was hard to see.
• This is the “magic wand” that can win your case. It proves the danger was real.

Step 4: Get Witness Info. Did someone see you fall? Did another customer say, “Oh, I almost fell there too”? Get their name and phone number. That person is a stranger who has no reason to lie. They are golden.

Step 5: Do NOT Talk to the Adjuster. An adjuster will call you. They will sound so nice. They will say, “We just need a quick recorded statement.” This is a TRAP. They are paid to get you to admit you were 1% at fault. Your only answer should be: “I am hiring a lawyer. You can talk to them.”

The Huggins Law Firm Difference: We See the Whole Picture

A bad fall is not just a Personal Injury case. It is a “whole life” problem. Our firm is uniquely able to help, because we see the whole picture.

• The Personal Injury Case: Our PI lawyers lead the fight against the insurance company.
• The Bankruptcy Problem: The medical bills are piling up. You are out of work. The stress is huge. If the case is taking a long time, our Bankruptcy lawyers can step in to protect you from the creditors while we fight for your settlement.
• The Wrongful Death Case: If the fall was fatal (which is common with hip fractures), this is now a Wrongful Death claim.
• The Estate Planning Case: A Wrongful Death case must be filed by an Estate. Our firm can handle all of that for you.
• The Family Law Case: We have seen the financial stress of a long, painful recovery destroy a marriage. Our Family Law team is here to help you navigate that, too.

You are not just a “case file” to us. You are a family in our community. We have all the tools to help you.

Why a Local NC Lawyer is Your Only Hope

You are searching for the “best slip and fall lawyer near me” for a reason. You know a local lawyer is different.

• A lawyer in Greensboro knows the local defense lawyers for the big stores.
• A lawyer in Winston-Salem knows the local judges in Forsyth County.
• A lawyer who works in Asheboro, Graham, and Burlington all the time knows the local “value” of a case.

This is not a case you can win from a “1-800” call center in another state. This is a local fight, and you need a local team.

We Are Here to Be Your Shield

This is a tough, uphill battle. The law is against you. You will be blamed. You need a lawyer who is not afraid of that fight.

Our job is to take the blame off your shoulders and put it where it belongs: on the property owner who failed to keep you safe.

• We will handle the adjuster.
• We will send the legal letters to save the video.
• We will hire the experts.
• We will fight the “0% trap.”

It costs you nothing to talk to us. It costs you nothing to hire us. All our Personal Injury cases are on a “contingency fee.” We only get paid if we win your case.

Call us. Let our family help yours.