Short Answer

In North Carolina, you prove a facility was negligent for a wet-floor fall by showing the facility owed you a duty of reasonable care, the floor was unreasonably dangerous, the facility knew or should have known about the wet spot (or created it), and failed to fix or warn before it caused your injury. Photos, video, witness accounts, and cleaning logs help. Be prepared for the facility to argue you were partly at fault, because North Carolina follows strict contributory negligence.

Understanding the Problem

You want to know how, under North Carolina law, you can prove a facility is legally responsible for your injuries after you slipped on a wet floor. As the injured customer, you are seeking compensation by showing the facility’s failure to keep the area reasonably safe caused your harm. One key fact here is that you slipped on a wet floor; proving what the facility knew about that wet area and when is central to your claim.

Apply the Law

North Carolina premises liability law requires you to prove negligence—there is no automatic liability just because you fell. For a lawful visitor at a business, the owner must use reasonable care to keep the premises safe, which includes inspecting for hazards and warning about hidden dangers. To recover, you must show the facility had actual notice (they knew) or constructive notice (they should have known) of the wet floor, or that an employee created the condition. The main forum is the county trial court (District or Superior Court depending on the amount). A three-year limitations period typically applies to negligence claims, so timing matters.

Key Requirements

• Duty: You were a lawful visitor, and the facility owed you reasonable care to maintain safe floors and give adequate warnings.
• Dangerous condition: A wet, slippery floor presented an unreasonable risk that was not adequately marked or blocked off.
• Notice or creation: The facility knew, should have known with reasonable inspections, or created the wet condition.
• Breach: The facility failed to clean, fix, or warn within a reasonable time once on notice.
• Causation and damages: The wet floor caused your fall and injuries, supported by medical records and bills.
• Contributory negligence defense: Any fault attributed to you can bar recovery, so evidence showing reasonable attention and no safe alternative path is important.

What the Statutes Say

• N.C. Gen. Stat. § 108A-57 (Medicaid lien on third-party recovery) - Medicaid has a lien on settlements/judgments from liable third parties, subject to statutory limits and potential allocation.
• N.C. Gen. Stat. § 44-49 (Medical provider liens) - Treating providers may assert liens for reasonable charges if notice requirements are met.
• N.C. Gen. Stat. § 44-50 (Lien distribution limits) - Sets how injury recoveries are distributed among providers and limits total lien amounts from the patient’s share.

Analysis

Apply the Rule to the Facts: Your photos and known video can prove the dangerous condition and help show how obvious it was and whether warnings were present. To establish notice, look for evidence of how long the floor was wet (surveillance timeline, employee statements, cleaning logs) or that staff caused the spill. Your urgent care, primary care, and specialist records link the fall to your arm injury and support damages. If you recover money, North Carolina Medicaid will assert a lien limited by statute; resolving it is part of closing the claim.

Process & Timing

1. Who files: You (or your attorney). Where: Start by notifying the facility and its insurer; if suit is needed, file with the Clerk of Superior Court (or District Court depending on the amount) in the county where the fall occurred or the defendant resides. What: Civil Summons (AOC-CV-100) and a Complaint alleging premises negligence; send an immediate evidence-preservation letter requesting surveillance video and cleaning logs. When: Typically within three years of the incident; send the preservation letter right away as video can be overwritten quickly.
2. Investigation and discovery: Expect 60–180 days for insurance investigation. If you sue, the court will issue deadlines for discovery; use subpoenas and depositions to obtain video, incident reports, sweep logs, and training materials.
3. Resolution: Cases often resolve through negotiation or court-ordered mediation. If not, the case proceeds to trial for a verdict; any settlement or judgment must account for Medicaid and provider liens before funds are disbursed.

Exceptions & Pitfalls

• Contributory negligence: If the defense shows you weren’t paying reasonable attention or ignored visible warnings, recovery can be barred.
• “Open and obvious” conditions: If the wet floor was clearly visible and avoidable, liability may be reduced or defeated unless the facility should have anticipated harm anyway.
• No notice evidence: Claims falter without proof the facility knew or should have known of the spill or created it—secure time-stamped video and logs early.
• Spoliation risk: Delay can lead to lost video; send a written preservation request promptly to reduce the risk of destruction.
• Recorded statements: Giving detailed statements to insurers before reviewing evidence can harm your claim; keep communications cautious and focused.
• Medicaid and provider liens: Plan for lien resolution from any recovery; you may seek an allocation or reduction consistent with statutory limits.

Talk to a Personal Injury Attorney

If you’re dealing with a wet-floor slip and fall in North Carolina and need to prove notice, preserve video, and navigate Medicaid and medical liens, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today at (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.