What evidence should I collect after a slip and fall at a retail store?: North Carolina guide

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What evidence should I collect after a slip and fall at a retail store? - North Carolina

Short Answer

In North Carolina, gather proof that a hazard existed, that the store knew or should have known about it, and that it caused your injuries. Take photos and video of the scene, identify witnesses, preserve your shoes and clothing, get copies of the incident report and medical records, and send a prompt written request to preserve surveillance footage and cleanup logs. Keep bills, insurance letters, and a symptom journal.

Understanding the Problem

You want to know what evidence to collect in North Carolina after slipping and falling in a retail store. You are the injured customer seeking to document the hazard and your injuries so you can make a claim. The key decision is what to preserve now so you can later prove what happened and who is responsible. You completed a store accident report.

Apply the Law

North Carolina premises liability law requires you to show the store failed to use reasonable care to keep the premises safe or to warn of a hidden danger. You must prove a hazardous condition existed, the store created it or had actual or constructive notice of it, and the condition caused your injuries. Your own reasonable care matters too; North Carolina’s contributory negligence rule can bar recovery if you were also negligent. Claims are filed in the North Carolina General Court of Justice (District or Superior Court, depending on the amount), and the general deadline to file a personal injury lawsuit is three years from the date of the fall.

Key Requirements

  • Hazard existed: Show what made the floor unsafe (e.g., water on tile) and where it was.
  • Notice or creation by store: Prove the store caused the hazard or knew/should have known about it in time to fix or warn.
  • Failure to act reasonably: Show lack of clean-up, inspection, or warning signs given the circumstances.
  • Causation and injury: Link the fall to your diagnosed injuries with medical records and consistent symptoms.
  • Your reasonable care: Document footwear, lighting, and that you were watching where you walked.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Water in the aisle is the hazardous condition; photograph puddles, footprints, or drip sources to show it existed and where. Your concussion workup, headaches, and blurred vision establish injury and help prove the fall caused it. The completed incident report and a quick preservation letter support notice and may secure video, inspection logs, and cleanup records to show what the store knew and when. Preserve your shoes and note you were looking ahead to address contributory negligence.

Process & Timing

  1. Who files: You or your attorney. Where: Send a written preservation letter to the store manager and the company’s registered agent; open a claim with the store’s insurer. What: Request preservation of CCTV for at least two hours before and after the fall, sweep/inspection and cleaning logs, incident report, employee schedules, and any photos. When: Send immediately—many systems overwrite video within days; the lawsuit deadline is generally three years from the fall.
  2. Next: Photograph the scene and your injuries as soon as possible; list and contact witnesses; keep your footwear and clothing unwashed in a paper bag; obtain medical records and bills; maintain a symptom and activity journal. Expect records to arrive in 2–6 weeks.
  3. Final: If the claim does not resolve, file a civil Complaint and have the Clerk of Superior Court issue a Civil Summons (AOC-CV-100). File in District or Superior Court depending on the amount in controversy; serve the defendant under North Carolina rules.

Exceptions & Pitfalls

  • Contributory negligence: If you ignored a visible hazard or warning cones, or were distracted, your claim can be barred.
  • Open and obvious conditions: Easily visible hazards reduce the store’s duty to warn and can undercut liability.
  • Lost video/logs: Delay risks routine overwriting of CCTV and loss of cleaning records; send a preservation letter right away.
  • Giving away evidence: Do not hand over your shoes or clothing to the store; preserve them yourself.
  • Recorded statements: Be cautious with insurer calls; stick to basic facts until you understand your injuries.
  • Medicaid lien: Keep bills and Explanation of Benefits; Medicaid may assert a lien against any recovery, so documentation matters.

Conclusion

After a North Carolina retail slip and fall, collect proof of the hazard, the store’s notice, and your injuries. Photograph the scene, identify witnesses, preserve your shoes and clothing, secure the incident report, request surveillance and cleaning records, and organize medical records and bills. Act fast—send a preservation letter now and remember you generally have three years from the fall to file suit. If unsure how to proceed, start with the preservation letter and medical documentation.

Talk to a Personal Injury Attorney

If you're dealing with a slip and fall at a retail store and need to preserve the right evidence quickly, 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.

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