What kind of evidence should I gather after a slip and fall at a convenience store to prove the store was at fault?

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What kind of evidence should I gather after a slip and fall at a convenience store to prove the store was at fault? - North Carolina

Short Answer

In North Carolina, the most helpful evidence after a convenience-store slip and fall is evidence that (1) a dangerous condition existed, (2) the store knew or should have known about it in time to fix it or warn customers, and (3) the condition caused your fall and injuries. Gather photos/video of the hazard and the surrounding area, witness names, incident paperwork, and medical and work records. Act quickly to preserve surveillance footage and to document what you saw before the scene changes.

Understanding the Problem

If you slipped near the entrance of a convenience store in North Carolina, can you gather the right proof to show the store should have cleaned the hazard or warned customers? This question matters because stores often defend these cases by arguing they did not know about the condition or that the danger was obvious and could have been avoided. Here, one key fact is that you report there were no warning signs posted.

Apply the Law

A slip-and-fall claim against a store is usually a negligence (premises liability) claim. Practically, you typically need proof of four things: the store owed you a duty of reasonable care as a customer, a hazardous condition existed, the store failed to act reasonably (for example, by not cleaning it up or warning about it), and that failure caused your injuries. A major battleground is “notice”—whether the store created the hazard, actually knew about it, or should have discovered it through reasonable inspections. Another major issue in North Carolina is that if the defense proves you were also negligent and that contributed to the fall, it can bar recovery, so evidence that explains why you could not reasonably avoid the hazard matters.

Key Requirements

  • Proof of the hazard: Evidence that a dangerous condition existed (for example, liquid on the floor) and what it looked like at the time.
  • Proof of notice (knowledge): Evidence the store created the condition, knew about it, or should have found it through reasonable inspection/cleaning practices.
  • Proof of unreasonable response: Evidence the store did not take reasonable steps to fix the problem or warn customers (such as cones, wet-floor signs, or blocking off the area).
  • Proof of causation: Evidence connecting the hazard to the fall (where your feet went, where you landed, and what you slipped on).
  • Proof of damages: Medical records, bills, and documentation of how the injury affected work and daily life.
  • Proof you acted reasonably: Evidence showing lighting, distractions, floor appearance, and why the hazard was not reasonably avoidable.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because you report a wet floor near the entrance and no warning signs, the most important evidence will be proof of what the floor looked like, where the water came from, and how long it was there before you fell. You will also want evidence that ties the wet area to your fall (shoe marks, wet clothing, where you landed) and records showing your wrist injury and follow-up care. Finally, because the store may argue you should have seen and avoided the condition, evidence about lighting, visibility, foot traffic, and the lack of warnings can be critical.

Process & Timing

  1. Who gathers: You (and your attorney, if you hire one). Where: At the store location and through written requests to the store/its insurer in North Carolina. What: Photos/video, witness contact info, incident report details, and a written request to preserve surveillance footage. When: As soon as possible—ideally the same day or within 24–72 hours for scene documentation and video preservation.
  2. Document notice evidence: Ask (politely) for the manager’s name, whether an incident report was made, and whether employees inspected or mopped the area before the fall. If you can, write down what employees said about the spill (for example, “we’ve been meaning to clean that up”). Do this promptly while memories are fresh.
  3. Build the injury file: Keep urgent care records, imaging results, follow-up referrals, work notes, and a simple pain/function journal. This helps prove damages and also helps show the fall caused the injury.

Exceptions & Pitfalls

  • Surveillance footage disappears: Many systems overwrite video on a short cycle. If you wait, the best evidence of the hazard and the store’s response may be gone.
  • “No warning sign” is not the whole case: You still usually need proof of the hazard and proof the store had enough time or reason to address it (or that an employee created it).
  • Contributory negligence defenses: The store may argue you were not watching where you were going or that the condition was obvious. Photos showing poor visibility, reflections, crowding, or how the liquid blended into the floor can help address this.
  • Not identifying witnesses: Independent witnesses can be the difference between a “your word vs. theirs” dispute and a provable claim. Get names and phone numbers if you can.
  • Gaps in medical care: Delays and missed follow-ups can be used to argue the injury was minor or unrelated. Follow medical advice and keep records of appointments and restrictions.
  • Giving recorded statements too early: Insurance adjusters may ask for a recorded statement before you know the full extent of your injury or before you have the facts (like video). Consider getting legal advice first.

What to Gather (Practical Evidence Checklist)

  • Scene photos/video: The wet area (close-up and wide shots), the entrance area, mats/rugs, floor texture, lighting, and any nearby coolers/ice machines or doorways that could track in water.
  • Warning/cleanup evidence: Photos showing no cones/signs, or where signs were placed (or not placed). Note whether the area was being mopped and whether employees blocked it off.
  • Your clothing and shoes: Preserve them in the condition they were in after the fall (don’t wash them if possible). Take photos of wet spots, scuffs, or residue.
  • Witness information: Names, phone numbers, and a short note of what they saw (hazard, lack of signs, how you fell, what employees did afterward).
  • Incident report details: The date/time, manager on duty, and any report number. Ask for a copy if available, but at minimum write down what was recorded.
  • Surveillance video preservation request: Ask the store to preserve footage from multiple cameras and time windows (before, during, and after the fall). Video can show how long the hazard existed and whether employees walked past it.
  • Medical documentation: Urgent care records, imaging results, discharge instructions, prescriptions, referrals (such as to orthopedics), and follow-up notes.
  • Work and activity impact: Work restrictions, missed time documentation, and a simple daily log of pain, swelling, and limits on lifting/gripping.

If you want more reading on closely related issues, you may find these helpful: evidence to support a slip-and-fall claim and what if there are no witnesses or video.

Conclusion

To prove a convenience store was at fault for a slip and fall in North Carolina, focus on evidence of the hazard, evidence the store knew or should have known about it, and evidence the store failed to respond reasonably (like cleaning it up or warning customers). Also preserve proof that the hazard caused your injuries and that you acted reasonably. Your next step is to send a written request to the store to preserve surveillance footage as soon as possible, while keeping the three-year filing deadline in mind.

Talk to a Personal Injury Attorney

If you're dealing with a slip and fall at a convenience store and need to preserve video, document the hazard, and understand what proof matters most under North Carolina rules, our firm has experienced attorneys who can help you understand your options and timelines. Reach out today. Call {{CONTACT_NUMBER}}.

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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