What kind of evidence should I save (photos, video footage, messages) to support a claim for a fall caused by unsafe stairs?

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What kind of evidence should I save (photos, video footage, messages) to support a claim for a fall caused by unsafe stairs? - North Carolina

Short Answer

In North Carolina, save evidence that proves (1) the stairs were unsafe, (2) the owner or manager knew or should have known and did not fix or warn, and (3) the unsafe condition caused your fall and injuries. The most helpful items are time-stamped photos/video of the defect, written communications showing notice and lack of repair, witness information, and complete medical and wage-loss records. Preserve the original files and keep a simple timeline so the evidence can be authenticated and tied to the date of the fall.

Understanding the Problem

If you live in North Carolina and you fell on apartment stairs that were in poor condition, what evidence should you save to show the property management had a duty to keep the stairs reasonably safe, failed to repair or warn, and that the broken stair condition caused your broken ankle?

Apply the Law

Most unsafe-stairs cases in North Carolina are handled as premises liability claims (a type of negligence claim). In plain terms, you generally need proof that a dangerous condition existed on the property, the responsible party failed to use reasonable care to fix it or warn about it, and that failure caused your injury and related losses. Evidence matters because the other side often argues the condition was not actually dangerous, they did not have notice, or something else caused the fall.

Key Requirements

  • Proof the stairs were unsafe: Clear documentation of what was broken or hazardous (for example, a loose step, missing tread, crumbling concrete, broken handrail, poor lighting, or uneven risers).
  • Proof of notice (knowledge): Evidence the owner/manager knew or should have known about the problem long enough to repair it or warn people.
  • Proof the hazard caused your fall: Evidence connecting the defect to the mechanics of the fall (where your foot caught, where you landed, and why you could not avoid it).
  • Proof of injury and treatment: Records showing what you were diagnosed with, what care you received, and how the injury affected you.
  • Proof of financial impact: Documents showing missed work and wage loss tied to the injury and recovery.
  • Preservation and authenticity: Keeping original files and basic details so photos/video/messages can be shown to be accurate and from the relevant time.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because you have photos/video of both the fall and the broken stair condition, you are already preserving strong evidence of an unsafe condition and how it caused the incident. Your messages or maintenance requests can help show the property management had notice and did not repair within a reasonable time. Your emergency care and surgery records, plus employer documentation, help prove the injury and wage loss tied to the fall.

Process & Timing

  1. Who gathers: The injured person (and their attorney, if retained). Where: Your phone/cloud accounts, your medical providers’ records departments, and your employer’s HR/payroll. What: Original photos/videos (not screenshots), all written communications (texts/emails/portal tickets), and complete medical billing/records. When: Start immediately; conditions get repaired and messages disappear.
  2. Organize and preserve: Save originals in at least two places (for example, phone + cloud download). Keep file names and metadata. Create a simple timeline (date of maintenance request, date of fall, date of ER visit, surgery date, time off work).
  3. Request third-party records: Ask the property for incident reports and any available surveillance footage, and ask medical providers and your employer for certified or complete records. If the property will not voluntarily preserve footage or records, an attorney can send a preservation letter and, if needed, use the court process later to obtain them.

Exceptions & Pitfalls

  • Repairs can erase the best proof: If the stairs get fixed after your fall, your early photos/video become even more important. Take wide shots (to show location) and close-ups (to show the defect), and include something for scale when possible.
  • Missing “notice” evidence: A common defense is “we didn’t know.” Save every maintenance request, complaint, response, and follow-up, including screenshots from tenant portals showing submission dates.
  • Metadata and authenticity problems: Editing, filtering, or re-saving files can strip metadata. Keep the original files, and avoid altering them. If you must share, send copies and keep originals untouched.
  • Gaps in medical documentation: If you delay treatment or skip follow-ups, the defense may argue something else caused the condition. Keep discharge papers, operative reports, physical therapy notes, and pharmacy receipts together.
  • Wage-loss documentation that doesn’t match: Save pay stubs, schedules, time-off records, and any work restrictions from your doctor so the time missed lines up with medical limitations.
  • Statements that can be used against you: Be careful in messages or posts about fault, your symptoms, or what happened. Stick to factual reporting when communicating with the property.

Conclusion

To support an unsafe-stairs fall claim in North Carolina, save evidence that shows the stairs were defective, the property management knew or should have known and did not fix or warn, and that the defect caused your fall and injuries. Prioritize original photos/video of the condition and incident, written notice/repair communications, witness information, and complete medical and wage-loss records. Your next step is to send a written request to preserve any stairwell surveillance footage immediately.

Talk to a Personal Injury Attorney

If you're dealing with a fall caused by unsafe stairs and you’re trying to preserve the right photos, video, and written proof, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. (919) 341-7055

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.

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