What premises liability means
Premises liability is the law that covers injuries caused by unsafe conditions on property. It can apply to stores, restaurants, apartment complexes, parking lots, offices, hotels, and private homes. Common hazards include:
- Wet or slick floors from spills, leaks, or cleaning
- Ice and snow on walkways and steps
- Broken or uneven stairs, missing handrails, and loose flooring
- Potholes and uneven pavement in parking areas
- Poor lighting in hallways and stairwells
- Falling merchandise or unsecured shelving
What the property owner must do
In North Carolina, owners and those who control property must use reasonable care to keep it safe for people who are lawfully there. In general, that means they should inspect for hazards, fix them within a reasonable time, and warn visitors about dangers that are not obvious.
A fall alone does not prove the owner did something wrong. To bring a claim, you usually must show that:
- There was a dangerous condition
- The owner created it, knew about it, or should have found it with reasonable inspection
- The owner did not fix it or give a proper warning
- The condition caused your injury
How long a hazard was there is often a key question. A spill that happened seconds before a fall is treated differently from a leak that staff walked past for hours.
Contributory negligence in fall cases
North Carolina is one of only a few states that still follows contributory negligence. If you are found even slightly at fault for your fall, you generally cannot recover money from the owner, even if the owner was mostly to blame.
In fall cases, owners and their insurers often argue that the hazard was open and obvious, that you were looking at your phone, that your shoes were unsafe, or that you went into an area you should not have entered. These arguments depend on the facts. Lighting, the color of the floor, crowds, displays meant to catch your eye, and the lack of a warning sign can all matter.
There are limited exceptions to the rule. Whether one applies depends on the evidence.
Evidence to save right away
- Report the fall. Tell a manager or the property owner, and ask that an incident report be made. Ask for a copy, though they may not give you one.
- Take photos. Photograph the hazard, the area around it, the lighting, any missing warning signs, and your injuries.
- Get names. Write down the names of employees and witnesses who saw the fall or the hazard.
- Keep your shoes and clothing. Do not wash or throw them away.
- Get medical care. Tell your doctor exactly how you fell.
- Act fast on video. Many businesses keep security video for only a short time before it is recorded over. A lawyer can send a written request asking them to preserve it.
Falls on public or government property
If you fell on a city sidewalk, in a government building, or on other public property, different rules may apply. Claims against government bodies can involve immunity questions and other special rules. Talk with a lawyer early so that no deadline is missed.
The same is true for falls at a public school, a state building, or public housing. Who owns and maintains the property is not always clear. A sidewalk may belong to the city, while the store next to it may be responsible for something it placed there. Part of the early work in these cases is finding out who controlled the spot where you fell.
What a claim can include
A premises liability claim may seek money for medical bills, lost pay, pain and suffering, and permanent injury. Falls can cause broken hips and wrists, back injuries, and head injuries, especially for older adults. What a claim may be worth depends on the injury, the evidence on the owner’s knowledge, and the facts about fault. We will tell you plainly where the case stands, including when the facts make a claim difficult.
Fees and next steps
We explain our fee in writing before you hire us. We investigate rather than process, we tell clients the hard truth, and we prepare every case as though it is going to trial.
Call (336) 281-2008 or request a consultation online. Bring your photos, the names of witnesses, and any medical paperwork. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Can I sue a store if I slipped and fell in North Carolina?
You may have a claim if the store created the hazard, knew about it, or should have found it with reasonable inspection, and did not fix it or warn you. A fall alone is not enough. North Carolina's contributory negligence rule can also bar a claim if you were even slightly at fault.
What if the hazard was easy to see?
Owners often argue that a hazard was open and obvious. Whether that argument works depends on the lighting, the setting, distractions, and other facts. A lawyer can review the evidence and tell you honestly how strong the claim is.
How do I get the store's security video?
Ask the store to keep it, and talk with a lawyer quickly. Many businesses record over video after a short time. A lawyer can send a written preservation request and, if a lawsuit is filed, ask the court to order it produced.
I fell at my apartment complex. Is the landlord responsible?
A landlord may be responsible for unsafe common areas such as stairs, walkways, and parking lots, and for some repair problems. The answer depends on who controlled the area, what the landlord knew, and your lease. Keep photos and any repair requests you made.