Short Answer

In North Carolina, you prove a store’s negligence by showing the store failed to use reasonable care to keep the premises safe and that failure caused your injuries. You typically must show the store created the hazard, knew about it, or should have discovered it in time to fix or warn (constructive notice). North Carolina’s contributory negligence rule can bar recovery if you were even slightly at fault, so evidence that you acted carefully matters. Most claims must be filed within three years.

Understanding the Problem

You want to know whether you can prove a North Carolina store was negligent after you slipped on water in an aisle, hit your head, and needed medical care. You are an injured customer seeking compensation for injuries caused by a dangerous condition in a business. The decision point is: can you show the store failed to use reasonable care and that failure caused your injuries, within the required timelines?

Apply the Law

North Carolina law requires property owners to use reasonable care to keep their premises safe for lawful visitors. In a slip-and-fall, you generally prove negligence by showing: (1) a dangerous condition existed; (2) the store either created it, knew about it, or should have discovered it through reasonable inspections; (3) the store failed to fix it or warn in time; and (4) that failure caused your injuries and damages. The main forum is the county civil trial court (District or Superior Court depending on the amount claimed). The general deadline to file a negligence lawsuit for bodily injury is three years from the injury. North Carolina follows contributory negligence: if you were even slightly at fault, you may be barred from recovery, subject to narrow doctrines like last clear chance.

Key Requirements

• Dangerous condition existed: Water on the floor or another hazard created an unreasonable risk of harm.
• Store knowledge or creation: The store created the hazard, actually knew about it, or should have known because it was present long enough or inspections were inadequate (constructive notice).
• Failure to fix or warn: The store did not clean, repair, or provide effective warnings within a reasonable time.
• Causation: The hazard caused your fall and resulting injuries.
• Damages: You suffered medical bills, symptoms, or other losses tied to the fall.
• No contributory negligence bar: Your own carelessness did not contribute to the fall, or a narrow doctrine (like last clear chance) applies.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for personal injury) - Most negligence suits for bodily injury must be filed within three years.
• North Carolina Gen. Stat. § 7A-243 (Superior Court jurisdiction) - Civil actions over $25,000 are filed in Superior Court; smaller claims are typically in District Court.
• North Carolina Gen. Stat. § 108A-57 (Medicaid lien/subrogation) - Medicaid may assert a statutory lien on injury settlements for medical payments it made.

Analysis

Apply the Rule to the Facts: You slipped on water in a store aisle and hit your head. To prove negligence, gather evidence that the water was there long enough that the store should have found and cleaned it, or that employees created or knew about it but failed to act. Your accident report, medical records for concussion symptoms, and any photos, video, or witness accounts can establish the hazard, causation, and damages. Because North Carolina applies contributory negligence, it helps if evidence shows you were watching where you walked and the water was not clearly visible.

Process & Timing

1. Who files: The injured customer. Where: File a civil action in the General Court of Justice in the county where the store is located (District Court if $25,000 or less; Superior Court if more). What: Civil Summons (AOC-CV-100) and a Complaint stating the claim. When: File within 3 years of the fall; send a prompt preservation letter to the store to safeguard surveillance video and sweep logs.
2. After filing and service, exchange evidence through discovery. Request incident reports, inspection/sweep logs, surveillance footage, employee training and staffing records, and any prior complaints. Timeframes vary by county and case complexity.
3. Resolution may occur by settlement or trial. Any settlement funds should account for and resolve any Medicaid lien before disbursement.

Exceptions & Pitfalls

• Constructive notice gap: If the spill happened moments before your fall and the store had no reasonable chance to discover it, proving negligence is harder.
• Contributory negligence: If you were distracted or ignored an obvious warning cone, recovery can be barred. Document lighting, visibility, and footwear to counter this defense.
• Open and obvious hazards: Clearly visible conditions may reduce the store’s duty to warn and can feed a contributory negligence defense; photos and witness accounts can show the hazard was not apparent.
• Evidence preservation: Surveillance video is often overwritten quickly. Send a written preservation request as soon as possible and keep copies of the incident report and any photos.
• Medical proof: Gaps in treatment or missing records undercut causation. Keep consistent care, follow medical advice, and retain discharge summaries and imaging results.
• Medicaid lien: If Medicaid paid for injury care, its statutory lien must be addressed before settlement funds are disbursed. Procedures and allocations can change; get guidance early.

Talk to a Personal Injury Attorney

If you’re dealing with a store slip-and-fall and need to prove negligence while managing medical bills and deadlines, our firm has experienced attorneys who can help you understand your options and timelines. Contact us today to discuss your case.

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.