Short Answer

In North Carolina, you generally have three years from the date of the fall to file a premises liability (negligence) lawsuit. The clock usually starts the day you were injured. Limited tolling rules can pause the deadline for minors or legally incompetent individuals, but physical disability alone (like blindness) typically does not extend the time to sue.

Understanding the Problem

You want to know the filing deadline for a North Carolina premises liability claim after a fall at a rental property. This falls under personal injury law and can include landlord duties to keep common areas reasonably safe. Here, the tenant had previously asked the landlord to install exterior lighting.

Apply the Law

North Carolina sets a three-year statute of limitations for most negligence-based personal injury claims, including premises liability. The claim usually accrues on the date of injury. Certain status-based rules can pause the clock for minors and people who are legally incompetent. Claims are filed as civil actions in the General Court of Justice (District or Superior Court, depending on the amount in controversy), typically in the county where the property is located.

Key Requirements

• Three-year deadline: File your lawsuit within three years from the date of the fall.
• Accrual: Time typically starts on the day you were hurt during the fall.
• Tolling for legal disability: Minors and people adjudicated legally incompetent may have extra time; blindness alone does not automatically toll the period.
• Forum and filing: Start a civil action in the proper North Carolina court and county; the Clerk of Superior Court issues the civil summons and Rule 4 service is required.
• Landlord duties context: North Carolina landlords must keep common areas safe and comply with housing codes; violations can support negligence claims.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitations) - Sets a three-year time limit for most personal injury negligence claims.
• North Carolina Gen. Stat. § 1-17 (Tolling for minors/incompetents) - Pauses certain deadlines for minors and legally incompetent persons.
• North Carolina Gen. Stat. § 42-42 (Landlord duties) - Requires landlords to maintain safe common areas and comply with housing codes.

Analysis

Apply the Rule to the Facts: Because this is a fall at a rental property, the three-year personal injury statute likely applies and starts on the date of the fall. The tenant’s prior request for exterior lighting can help show the landlord had notice of a hazardous condition. Blindness, by itself, does not extend the filing deadline; tolling would apply only if the tenant is legally incompetent under North Carolina law.

Process & Timing

1. Who files: The injured tenant. Where: File a civil complaint with the Clerk of Superior Court in the county where the property is located (District or Superior Court depends on the amount claimed). What: Complaint and Civil Summons; arrange proper service under Rule 4. When: File within three years of the fall.
2. After filing, the Clerk issues the summons and you must serve the landlord by an approved Rule 4 method (for example, sheriff/personal delivery, certified mail, or designated delivery service). Keep proof of service. County practices can vary.
3. The case proceeds through pleadings, discovery, motions, and, if not resolved, trial. Expect scheduling to vary by county and court division.

Exceptions & Pitfalls

• Minors or legal incompetence: Tolling may extend time to sue for minors or those legally adjudicated incompetent; consult counsel early to confirm.
• Wrong defendant or service errors: Suing the wrong entity (e.g., property manager instead of owner) or faulty Rule 4 service can delay or jeopardize your case.
• Government-owned property: If the landlord is a government entity or housing authority, different procedures and immunities may apply; deadlines and forums can differ.
• Evidence preservation: Photos, incident reports, medical records (e.g., MRI and injections), and witness information should be preserved promptly.

Talk to a Personal Injury Attorney

If you're dealing with injuries from a fall at a rental property and need to understand your deadline and options, our firm has experienced attorneys who can help you understand your options and timelines. Call us 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.