Short Answer

In North Carolina, you usually prove a property was unsafe by showing (1) a specific dangerous condition existed where you fell, (2) the property owner or occupier knew or should have known about it in time to fix it or warn people, and (3) that condition caused your fall and injuries. The strongest proof often comes from time-stamped photos or video, witness statements, and the property’s own records (cleaning, inspection, and incident reports). Because North Carolina follows strict contributory negligence rules, details about what was visible and what warnings existed can matter as much as the hazard itself.

Understanding the Problem

If you slipped and fell in North Carolina and the location has not been pinned down yet, the key question is: can you show the condition of the floor, walkway, steps, or surface was dangerous at the time you went down, and that the person or company in control of the property had enough notice and time to address it?

Apply the Law

Most slip-and-fall cases in North Carolina are a type of premises liability claim. The core idea is that the person or entity in control of the property must act reasonably to keep lawful visitors safe. To win, you generally need proof of the hazard itself and proof tying the hazard to the property’s failure to act reasonably (often through “notice,” meaning they knew or should have known the hazard existed). Your status on the property can also matter. For example, North Carolina has a statute that limits duties owed to trespassers, with narrow exceptions.

Key Requirements

• Identify the specific hazard: You must be able to point to what made the area unsafe (for example, liquid on a floor, loose flooring, uneven pavement, poor lighting, missing handrail, or debris).
• Show the hazard existed at the time of the fall: Evidence should connect the unsafe condition to the moment you fell, not just later in the day.
• Prove notice (actual or constructive): You typically must show the property controller knew about the hazard (actual notice) or should have known because it existed long enough or was predictable enough that reasonable inspections would have found it (constructive notice).
• Show failure to act reasonably: You must show they did not reasonably fix the hazard or warn about it within a reasonable time.
• Causation: The unsafe condition must be what caused your fall (not a separate medical issue or unrelated trip hazard).
• Address contributory negligence issues: If the defense argues the hazard was obvious or you failed to use reasonable care, that can become a major battleground in North Carolina.

What the Statutes Say

• N.C. Gen. Stat. § 38B-2 (Duty owed to trespassers) - States the general rule that a possessor of land does not owe a duty of care to a trespasser.
• N.C. Gen. Stat. § 38B-3 (Exceptions for trespassers) - Lists limited situations where a possessor of land may still be liable for injuries to a trespasser.
• N.C. Gen. Stat. § 38A-4 (Recreational use limitation) - Limits liability in certain no-fee recreational/educational uses of land, with important exceptions.

Analysis

Apply the Rule to the Facts: Based on what you’ve shared, you reported a slip-and-fall and are exploring a potential injury claim, but the location has not been provided yet. That missing detail matters because the “who controlled the property” question and what evidence exists (cameras, cleaning logs, incident reports, witnesses) often depends on the type of place and who operated it. Once the location is identified, the proof usually focuses on documenting the exact hazard, showing it existed when you fell, and showing the property controller had enough notice and time to fix it or warn people.

Process & Timing

1. Who gathers proof: The injured person (and their attorney). Where: At the scene if possible, and through requests to the property owner/manager and their insurer. What: Photos/video of the area, names and contact info for witnesses, the incident report number (if one was made), and a written request that surveillance video and maintenance/inspection records be preserved. When: As soon as possible, because conditions change quickly and video can be overwritten.
2. Preserve and request records: Ask for any incident report, cleaning/inspection logs, work orders, prior complaints, and any contracts showing who was responsible for maintenance. If the hazard involved weather (rain/ice), preserve weather data and timing.
3. Build the notice timeline: Use video timestamps, witness observations (e.g., “the spill was already tracked through”), and records to show how long the hazard existed and whether reasonable inspections should have caught it.

Exceptions & Pitfalls

• “We didn’t know about it” defenses: If the hazard was created by another customer or appeared moments before the fall, the fight often becomes whether the property had enough time and a reasonable inspection system to discover it.
• Condition changed after the fall: Staff may clean up quickly or place a sign after the incident. That can make early photos, video, and witness statements critical to prove what existed at the time you fell.
• Unclear “who controlled the area”: In some places, one party owns the building and another runs the business, and a third party handles cleaning. Identifying the right responsible party is part of proving the claim.
• Visibility and warnings: If warning cones/signs were present, or if the hazard was arguably open and obvious, the defense may argue you failed to use reasonable care. Those facts can heavily affect a North Carolina case.
• Status on the property: If the property claims you were trespassing or the site falls into a special category (like certain recreational uses), different duty rules may apply under North Carolina statutes.

Conclusion

To prove the property was unsafe at the time you fell in North Carolina, you generally need evidence of a specific hazard, proof it existed when you went down, and proof the property controller knew or should have known about it in time to fix it or warn people. The most practical next step is to identify the exact location and immediately send a written preservation request for surveillance video and maintenance/inspection records before they are lost.

Talk to a Personal Injury Attorney

If you’re dealing with a North Carolina slip-and-fall and you’re trying to prove the property was unsafe at the time of the incident, an attorney can help you identify the responsible party, preserve key evidence (like video and inspection logs), and evaluate notice and contributory negligence issues. Reach out 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.