Short Answer

In North Carolina, a prior knee injury does not automatically prevent a slip-and-fall claim. If a fall made an old knee condition worse, you can seek damages for the aggravation that the fall caused, but you generally cannot recover for the knee problems you already had before the incident. The key issues are proving the property owner’s negligence (such as failing to warn about a wet floor) and showing, through medical records, what changed after the fall.

Understanding the Problem

If you already had a knee problem, you may wonder whether you can still recover in North Carolina when a property owner’s unsafe condition causes you to fall and your knee gets worse. In this situation, the main question is whether you can hold the property owner responsible for the worsening of the knee injury after you slipped on a wet common-area floor and reported it to the leasing office.

Apply the Law

Most slip-and-fall cases in North Carolina are negligence cases. That means you must show the property owner (or the party responsible for the common area) failed to use reasonable care to keep the area reasonably safe or to warn about a hidden danger they knew about or should have known about. A prior knee injury usually matters most in the damages part of the case: you can pursue compensation for the additional harm caused by the fall, but the defense will often argue your symptoms came from the old condition rather than the incident.

North Carolina also follows contributory negligence in many negligence cases. If the defense proves you were negligent and that negligence contributed to the fall, it can bar recovery. That makes it important to focus on what made the condition unsafe (for example, a wet floor without warning) and what you reasonably did in response.

Key Requirements

• Duty of reasonable care: The party responsible for the common area must act reasonably to keep it safe for lawful visitors and to warn about hazards that are not obvious.
• Breach (unsafe condition or lack of warning): You must show something was done or not done that fell below reasonable care, such as leaving a wet floor without adequate warning or controls.
• Notice/foreseeability: In many slip-and-fall cases, a key issue is whether the responsible party knew (actual notice) or should have known (constructive notice) about the wet condition in time to fix it or warn.
• Causation: You must connect the unsafe condition to the fall and connect the fall to the aggravation of your knee condition.
• Damages limited to the aggravation: A prior knee injury does not erase your claim, but it can limit what you can recover to the worsening caused by the fall.
• Contributory negligence defense: If the defense proves you failed to use reasonable care for your own safety and that contributed to the fall, it may defeat the claim.

What the Statutes Say

• N.C. Gen. Stat. § 143-299.1 (Contributory negligence; burden of proof in Industrial Commission claims) - Addresses contributory negligence as a defense and places the burden of proof on the defending agency in that specific context; contributory negligence concepts also commonly arise in North Carolina negligence cases.
• N.C. Gen. Stat. § 1D-15 (Punitive damages standards) - Punitive damages require compensatory liability plus an aggravating factor like willful or wanton conduct; most slip-and-fall cases focus on compensatory damages for injury aggravation.

Analysis

Apply the Rule to the Facts: Here, the core liability question is whether the apartment complex (or whoever maintained the common area) failed to use reasonable care by leaving a wet floor without adequate warning, especially if it had just been mopped. Your prior knee injury does not prevent a claim, but it makes medical proof more important: you will need to show what your knee was like before the fall and what changed after you landed on it, went to urgent care, and received imaging and a brace/medication.

Process & Timing

1. Who files: The injured person. Where: Typically North Carolina state court in the county where the incident happened or where the defendant can be sued. What: A civil complaint alleging negligence and damages (there is not one universal statewide “slip-and-fall form”). When: North Carolina has filing deadlines (statutes of limitation) that can be short and fact-specific, so you should confirm the exact deadline promptly.
2. Evidence-building phase: Gather incident reports, photos/video if available, witness information, maintenance/cleaning logs if they exist, and complete medical records that show your baseline knee condition and the post-fall change. Expect the defense to request prior knee records and argue the fall did not cause the symptoms.
3. Resolution: Many cases resolve through settlement after records review and investigation; if not, the case proceeds through discovery, possible motions (including contributory negligence arguments), and trial where a jury decides fault and damages.

Exceptions & Pitfalls

• “It was preexisting” arguments: The defense may claim your pain, instability, or need for treatment came from the old knee injury. Strong medical documentation (before-and-after) and clear symptom timelines help separate old issues from new aggravation.
• Gaps in treatment: Waiting a long time to seek care, skipping follow-ups, or not following restrictions can make it harder to prove the fall aggravated the condition and can reduce credibility.
• Contributory negligence: If the defense can show you failed to use reasonable care (for example, ignoring a visible hazard), it may bar recovery. Facts about lighting, visibility, whether warnings were present, and whether the wetness was obvious can become central.
• Notice problems: If the wet floor appeared moments before the fall and the responsible party had no reasonable chance to discover it, liability can be harder to prove. On the other hand, evidence that the area was being actively mopped can support notice and a duty to warn.
• Recorded statements: Be careful with early statements that minimize symptoms or suggest you “weren’t watching,” because they can be used later to argue contributory negligence or lack of causation.

Conclusion

In North Carolina, a prior knee injury usually does not block a slip-and-fall claim, but it can limit damages to the aggravation caused by the fall and increase the need for clear medical proof. You still must show the responsible party was negligent (such as failing to warn about a wet floor) and that the fall caused a measurable worsening of your knee condition. Next step: gather your incident report and medical records and confirm the filing deadline for your claim as soon as possible.

Talk to a Personal Injury Attorney

If you’re dealing with a slip-and-fall where an old knee injury got worse, our firm has experienced attorneys who can help you understand what North Carolina law requires, what evidence matters most, and what timelines may apply. Reach out today. Call [CONTACT NUMBER].

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.