What Evidence Is Necessary to Support a Premises Liability Claim Following an Injury at a Food Lion in North Carolina?
What Evidence Is Necessary to Support a Premises Liability Claim Following an Injury at a Food Lion in North Carolina?
Detailed Answer
Under North Carolina law, a customer injured in a grocery store must prove ordinary negligence by showing:
A dangerous condition existed on the property;
Food Lion (or any property owner/occupier) had actual or constructive notice of that condition;1
The store failed to take reasonable steps to remove, repair, or warn about the hazard; and
The hazard was the proximate cause of the customer’s injury.
Because North Carolina follows the strict doctrine of contributory negligence,2 even slight fault on the injured shopper’s part can bar recovery. Comprehensive, time-stamped evidence is therefore critical. Below are the categories of proof most likely to persuade an insurance adjuster, judge, or jury.
1. Scene Documentation
Photographs & Video – Capture spilled liquids, fallen produce, uneven flooring, broken mats, or poor lighting immediately after the incident. Ask management to preserve in-store surveillance footage — stores often record over video within days.
Incident Report – Request a copy of the store’s internal accident report. Note employee names, time, location, and any admission that staff had noticed the hazard earlier.
Physical Evidence – Keep the shoes or clothing worn at the time (especially if they contain residue from the spill).
2. Proof of Notice
Maintenance or “Sweep” Logs – Food Lion policies usually require floor inspections every 30–60 minutes. Logs showing skipped checks help establish constructive notice.
Prior Complaints & Accident History – Request prior incident records for the same aisle or hazard. Multiple similar accidents strengthen the argument that management knew of an ongoing problem.
Employee Statements – Affidavits or deposition testimony that an employee saw the hazard (or created it) before the fall satisfy actual notice.
3. Independent Witnesses
Customer Witnesses – Collect names and contact information of shoppers who saw the spill, the fall, or employees ignoring the hazard.
First Responders – EMT or police reports often describe floor conditions and confirm immediate pain complaints.
4. Medical & Damages Evidence
Emergency Department & Follow-Up Records – Show causation and injury severity.
Spoliation Letter – Send a certified letter immediately demanding preservation of video, logs, and cleaning products. North Carolina courts may impose sanctions if evidence is destroyed after notice.
Subpoenas – If the insurer refuses to produce maintenance records, subpoenas during litigation compel disclosure.
Expert Analysis – Safety engineers can opine on industry standards and floor-surface testing (coefficient of friction) to prove the hazard was unreasonably dangerous.
1Hinson v. Cato’s, Inc., 271 N.C. 738 (1967) explains the actual/constructive notice requirement. 2 North Carolina is one of only a few states still applying pure contributory negligence (Sorrells v. M.Y.B. Hospitality Ventures, 332 N.C. 645 (1992)).
Helpful Hints
Photograph the hazard before the store cleans it — even a smartphone picture is powerful evidence.
Do not sign store paperwork that waives your rights; request a copy of anything you sign.
Seek medical attention within 24 hours to avoid gaps in treatment.
Politely gather witness names at the scene; memories fade fast.
Consult an attorney early; a lawyer can dispatch preservation letters and investigators before evidence disappears.
Injured at Food Lion? You must move quickly to secure video, logs, and witness statements that prove store negligence and defeat contributory negligence defenses. Our North Carolina personal-injury team has handled many grocery-store claims and understands the evidence needed to maximize recovery. Call 919-313-2737 today for a free consultation and let us start preserving your claim.
