Short Answer

Yes—under North Carolina premises liability law, a tenant may recover medical expenses and other damages (including for paralysis) if the landlord owed a duty to keep the area reasonably safe, breached that duty, and the breach caused the injury. North Carolina’s contributory negligence rule can bar recovery if the tenant was even slightly at fault, unless an exception (like last clear chance or willful/wanton conduct) applies.

Understanding the Problem

In North Carolina, can a tenant sue a landlord to recover medical bills and compensation for paralysis after falling from a poorly lit porch, especially after the tenant asked the landlord to add exterior lighting and nothing was done? This question sits in personal injury law (premises liability) and turns on the landlord’s duties, notice of the hazard, and whether the tenant’s actions trigger North Carolina’s strict contributory negligence rule.

Apply the Law

North Carolina landlords must keep common areas reasonably safe and fix known hazards within a reasonable time. In a tenant injury case, the tenant must show duty, breach, causation, and damages. When the hazard is poor lighting in a common area, prior complaints can establish the landlord’s notice. Claims for money damages are filed as regular civil actions in District or Superior Court, not with the Clerk of Superior Court. The general filing deadline for personal injury is three years from the date of injury; service of the summons and complaint must follow Rule 4.

Key Requirements

• Duty: The landlord owed a duty to keep common areas reasonably safe and compliant with applicable codes.
• Breach: The landlord failed to act reasonably (for example, ignoring reports of dangerously poor lighting).
• Notice: The landlord knew or should have known about the hazard (actual complaints or conditions existing long enough to be discovered).
• Causation: The unsafe condition was a factual and legal cause of the fall and resulting paralysis.
• Damages: Medical expenses, pain and suffering, lost income, and permanent injury are proven with records and testimony.
• Defenses: Recovery can be barred by contributory negligence unless an exception like last clear chance or willful/wanton conduct applies.

What the Statutes Say

• North Carolina Gen. Stat. § 42-42 (Landlord duties) - Landlords must maintain fit premises and keep common areas safe.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations period) - Personal injury claims are generally subject to a three-year deadline.
• North Carolina Gen. Stat. § 7A-243 (Proper trial division) - Amount in controversy typically determines filing in District (≤ $25,000) or Superior Court (> $25,000).
• North Carolina Gen. Stat. § 1A-1, Rule 4 (Service of process) - Summons and complaint must be served according to Rule 4.

Analysis

Apply the Rule to the Facts: The landlord’s duty likely covers a poorly lit porch if it is a common area. Your prior request for exterior lighting is strong evidence of notice. If the fall was caused by the darkness and hazardous condition, that supports causation; MRI scans, injections, and medical records support damages, including paralysis. Expect the landlord to raise contributory negligence; your prior complaints and the landlord’s failure to act can help counter that and may support arguments like last clear chance or willful/wanton conduct.

Process & Timing

1. Who files: The injured tenant (plaintiff). Where: As a civil action in the District or Superior Court in the county where the property is located or where the landlord/owner resides. What: Civil Complaint, Civil Summons (AOC-CV-100). When: Generally within three years of the injury; serve the summons and complaint under Rule 4 and renew the summons if service is not completed before it expires.
2. After service, the landlord typically has 30 days to answer. The case proceeds to discovery (document exchange, depositions), then mediation. Timelines vary by county and court calendars.
3. Resolution is by settlement or trial. Final outcome is a judgment or a settlement agreement.

Exceptions & Pitfalls

• Contributory negligence can bar recovery if you were even slightly at fault; exceptions include last clear chance and willful/wanton conduct.
• “Open and obvious” hazards reduce the landlord’s duty, but prior complaints and foreseeable use (including by tenants with disabilities) can narrow this defense.
• Identify the correct defendant (property owner, management company) and serve under Rule 4; errors can delay or derail the case.
• File in the correct division (District vs. Superior) based on the amount in controversy; procedures and thresholds can change.

Talk to a Personal Injury Attorney

If you're dealing with a serious injury from a fall at a rental property and need to understand your options and deadlines, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.