Short Answer

In North Carolina, you generally have three years from the date of the fall to file a slip-and-fall (premises liability) lawsuit against a private business. That clock usually starts the day you were injured. Different rules can apply if the fall happened on state property (claims are filed under the Tort Claims Act) or if the incident resulted in death (two-year deadline). Negotiations with insurance do not pause the deadline.

Understanding the Problem

You want to know how long you have, in North Carolina, to file a personal injury lawsuit for a slip and fall at a store. The decision point is whether you can still sue before the deadline expires. You completed a store accident report after the fall. This page explains the filing window and what could shorten or extend it so you can protect your claim.

Apply the Law

North Carolina sets a general three-year statute of limitations for personal injury negligence claims, including most slip-and-fall cases on private property. The period typically starts the day of the fall, because the injury is apparent then. Claims involving state agencies or state property follow the North Carolina Tort Claims Act and must be filed with the North Carolina Industrial Commission, which has its own procedures. Certain people (like minors or those legally incompetent at the time of injury) may have extra time due to tolling rules. The main forum for private-property cases is the Superior Court in the county where the fall occurred or where the defendant does business.

Key Requirements

• Three-year deadline: File your lawsuit within three years of the fall for most private-property cases.
• Accrual date: The clock usually starts on the date of injury; limited discovery-rule extensions apply only when the injury was not reasonably apparent.
• Forum matters: Private businesses are sued in state court; claims against the State must be filed with the Industrial Commission under the Tort Claims Act.
• Tolling for legal disability: If the injured person was a minor or legally incompetent when injured, the deadline may be extended until the disability ends.
• Wrongful death exception: If the fall causes death, a wrongful death claim generally must be filed within two years.
• Filing, not negotiating: Only filing the complaint preserves the claim; insurance talks or store reports do not stop the clock.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for personal injury) - General three-year statute for negligence-based injury claims.
• North Carolina Gen. Stat. § 1-17 (Tolling for minors and incompetency) - Pauses the clock while a legal disability exists.
• North Carolina Gen. Stat. § 1-53 (Two-year limit for wrongful death) - Shorter deadline if the injury results in death.
• North Carolina Gen. Stat. § 143-291 (Tort Claims Act) - Negligence claims against the State filed in the Industrial Commission.

Analysis

Apply the Rule to the Facts: Because your fall and head injury were apparent the day they happened, the three-year clock likely started then. Completing a store accident report and ongoing medical treatment do not extend the deadline. Medicaid coverage does not change when you must sue, though it can affect how settlement funds are handled later. Unless a government entity is involved or legal incapacity applies, you need to file in court within three years of the fall.

Process & Timing

1. Who files: The injured person (or a guardian if legally incompetent). Where: Clerk of Superior Court in the North Carolina county where the fall occurred or where the business is located. What: A civil Complaint and a Civil Summons (AOC-CV-100). When: File before the three-year statute of limitations expires.
2. Serve the Summons and Complaint on each defendant under North Carolina Rule 4. Counties differ on processing times; plan ahead to allow for service well before the deadline.
3. After service, the case proceeds through the court’s scheduling order toward discovery, motions, and, if not resolved, trial. Preserve all evidence (photos, video requests, medical records) from the outset.

Exceptions & Pitfalls

• Government property: If the fall was on state property or involved a state agency, you must file under the Tort Claims Act with the Industrial Commission; different procedures apply.
• Wrongful death: If the fall later causes death, the wrongful death claim carries a two-year deadline.
• Legal disability: Minors or those legally incompetent when injured may have extended time; once the disability ends, the clock starts.
• Do not rely on insurer promises: Settlement talks, claim numbers, or store incident reports do not stop the statute of limitations.
• Service traps: Filing preserves the claim, but you still must serve properly under Rule 4; late or defective service can jeopardize the case.
• Evidence loss: Surveillance video and spill logs may be overwritten quickly; send preservation letters early even while you prepare to file.

Talk to a Personal Injury Attorney

If you're dealing with a slip-and-fall injury and need to confirm your deadline and next steps, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at .

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.