Short Answer

Sometimes, but it is harder in North Carolina than in many states. North Carolina generally follows a “contributory negligence” rule, which can bar recovery if the defense proves you were even partly at fault for the fall. An “open and obvious” condition can also reduce or eliminate a property owner’s responsibility in some situations, but it does not automatically end every case.

Understanding the Problem

If you slipped and fell in North Carolina and the property owner argues the danger was “obvious” or that you should have watched where you were going, you are really asking whether you can still hold the owner responsible even if you may share some blame for the fall.

Apply the Law

Most slip-and-fall cases in North Carolina are negligence cases. In plain terms, you must show the property owner (or the person in control of the property) failed to use reasonable care to keep the premises reasonably safe or to warn about a hazard. The defense often responds in two ways: (1) the condition was open and obvious, so a reasonable person would have seen and avoided it; and/or (2) you were contributorily negligent, meaning your own lack of reasonable care helped cause the fall. North Carolina’s contributory negligence rule can be a complete bar to recovery if proven, although there are narrow exceptions depending on the facts.

Key Requirements

• Duty and breach (unsafe condition or inadequate warning): You generally must show the property owner failed to act reasonably to fix a dangerous condition or give a reasonable warning.
• Notice (knowledge of the hazard): Many cases turn on whether the owner knew or should have known about the hazard in time to correct it or warn.
• Causation: The hazard must be a real cause of the fall (not just something present in the area).
• Damages: You must have actual harm (injury and related losses).
• Defense—contributory negligence: If the defense proves you failed to use reasonable care for your own safety and that failure contributed to the fall, recovery may be barred.
• Defense—“open and obvious” condition: If the hazard was so apparent that a reasonable person would have noticed and avoided it, the owner may argue they did not breach a duty to warn or that you were contributorily negligent.

What the Statutes Say

• N.C. Gen. Stat. § 1-139 (Burden of proof of contributory negligence) - Puts the burden on the party asserting contributory negligence to prove it.
• N.C. Gen. Stat. § 143-299.1 (Contributory negligence as a defense in claims against the State) - Confirms contributory negligence is a defense and addresses who must prove it in that context.

Analysis

Apply the Rule to the Facts: Based on the limited facts provided, you are exploring a potential slip-and-fall claim. Whether you can still recover despite an “obvious hazard” argument or partial fault will depend on details like what the hazard was, lighting and visibility, whether there were warnings, how long the condition existed, and what you were doing right before the fall. In North Carolina, those details matter because contributory negligence can bar recovery if the defense proves your own lack of reasonable care contributed to the incident.

Process & Timing

1. Who files: The injured person (plaintiff). Where: Typically North Carolina state court in the county where the incident happened or where the defendant resides/does business. What: A civil complaint alleging negligence/premises liability. When: Deadlines depend on the specific claim type; do not assume you have “plenty of time” because evidence can disappear quickly.
2. Investigation and evidence: The parties gather records such as incident reports, photos/video, witness statements, maintenance/inspection logs, and medical records. These often drive the “open and obvious” and contributory negligence arguments.
3. Resolution: Many cases resolve through settlement discussions or mediation; otherwise, a judge or jury decides fault, defenses, and damages.

Exceptions & Pitfalls

• “Obvious” does not always mean “no case”: A condition can be visible and still unreasonably dangerous depending on the setting (for example, poor lighting, a misleading floor pattern, a hidden drop-off, or a hazard located where people must reasonably walk).
• Contributory negligence is a major hurdle: In North Carolina, the defense may argue you were distracted, ignored warning signs, wore unsafe footwear for the conditions, took an unreasonable route, or failed to watch your step. If a jury agrees your lack of reasonable care contributed to the fall, that can defeat the claim.
• Notice is often the battleground: Even if you were careful, you still generally need proof the owner knew or should have known about the hazard (or created it). Without that, the case can fail regardless of how badly you were hurt.
• Statements can be used against you: Apologizing or saying “it was my fault” at the scene can be repeated later. It is better to stick to facts (what you saw, where you fell, and what hurt).
• Evidence disappears fast: Video systems overwrite, conditions get repaired, and witnesses become hard to find. Quick documentation (photos, names, and a report) can matter as much as medical records.

Conclusion

Yes, you may still be able to recover compensation in North Carolina even if the property owner claims the hazard was obvious or says you were partly at fault, but those defenses can be case-ending under North Carolina’s contributory negligence rule if proven. The outcome usually turns on whether the owner failed to use reasonable care and whether your own actions contributed to the fall. The most important next step is to preserve evidence promptly by requesting any incident report and available video as soon as possible.

Talk to a Personal Injury Attorney

If you're dealing with a slip-and-fall where the property owner is blaming you or calling the hazard “obvious,” our firm has experienced attorneys who can help you understand your options and timelines. 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.