North Carolina Premises Liability Lawyer

What duty do North Carolina property owners owe visitors?

North Carolina generally requires owners and occupiers to use reasonable care to keep their property safe for lawful visitors. The state no longer applies separate rules for invitees and licensees, while trespassers are owed much less.

To prove a claim, you usually must show that the owner created the hazard or knew or should have known about it, and failed to fix it or warn you in time. A spill that happened moments before a fall is hard to blame on a store. A leak that staff walked past for an hour is a different matter. Inspection logs, video and employee statements usually tell the story.

How does contributory negligence affect a slip and fall?

It gives property owners a powerful defense. If a jury finds you were even slightly careless, for example by not watching where you walked, you may recover nothing.

Here is an example. A shopper slips on a puddle from a leaking cooler in a Raleigh grocery store, and her losses total $70,000. The store argues she was looking at her phone. In a comparative fault state, a jury that found her 15% at fault would still award her $59,500. In North Carolina, any finding of fault can bar her claim. Video showing the puddle sat unmarked for an hour, that it was hard to see under bright lights, and that she was walking normally can defeat the argument.

Owners frequently say a hazard was open and obvious. That argument is strongest when the danger was plainly visible and weakest when lighting, crowds, displays or distractions created by the owner made it hard to see.

What premises hazards are common in North Carolina?

Weather, tourism and fast growth drive many claims. The patterns differ from the coast to the mountains.

• Beach rentals, hotels and piers on the coast, with rotted decking, broken stairs and pool hazards
• Storm and hurricane damage that owners fail to repair, such as loose railings and flooded floors
• Rain-slicked entrances and parking lots during summer thunderstorms
• Occasional ice storms in the Piedmont and snow in the mountains
• Crowded stadiums, arenas and event venues in Charlotte and the Triangle
• Apartment complexes with broken lighting, stairs and gates

Dog attacks on rental property raise related questions covered on our dog bite page.

Can I sue if I was attacked at an apartment complex or hotel?

Sometimes. A property owner may be responsible for a criminal attack when it was reasonably foreseeable and the owner failed to take reasonable security steps.

Foreseeability usually depends on prior crimes at or near the property, complaints from tenants or guests, and warnings from police. Missing lights, broken locks, unsecured gates and inadequate staffing can all support a claim. The attacker remains responsible, but the owner can be responsible for its own failures. Contributory negligence can still be raised, so the defense may argue the victim ignored an obvious danger.

What if a public building, park or sidewalk caused my injury?

Claims involving public property follow special rules. Cities and counties may have immunity for some claims, though they can waive it, often by buying liability insurance. Claims against state agencies generally go to the North Carolina Industrial Commission under the State Tort Claims Act rather than to a regular court.

Because these rules differ by defendant and situation, identifying who owns and maintains the property is an early priority. Our government and public property claims page explains how these cases work.

What should I do after a fall on North Carolina property?

Document the hazard and your own careful conduct, then report the fall in writing.

1. Photograph the hazard, lighting, signs and surrounding area before anything changes.
2. Ask for an incident report and keep a copy.
3. Get names of employees and witnesses who saw the hazard or the fall.
4. Keep your shoes and clothing.
5. Ask us to send a preservation letter for video before it is erased.

Most premises liability lawsuits must be filed within 3 years. If a fall caused a death, the wrongful death claim generally has 2 years. Our North Carolina injury overview covers the state's general rules, and our North Carolina medical malpractice page addresses falls tied to care in hospitals or facilities. We offer a free case review, and you pay no fee unless we win.