Short Answer

After a slip and fall in North Carolina, gather evidence that shows (1) what the dangerous condition was, (2) when and where it happened, (3) who was responsible for maintaining the area, and (4) how the fall caused your injuries and losses. Photos/video, witness information, incident reports, medical records, and proof of missed work are often the most helpful. Act quickly because conditions change, surveillance footage can be overwritten, and North Carolina’s contributory negligence rule makes details about what you did and saw especially important.

Understanding the Problem

If you slipped and fell in North Carolina and you are thinking about a claim, you usually need to know what evidence you can gather now to show what caused the fall and how it harmed you, especially when the only clear fact at the moment is that you want to speak with an attorney about a slip-and-fall incident.

Apply the Law

Most slip-and-fall cases in North Carolina are negligence claims based on premises liability. In plain terms, you generally need proof that a property owner or occupier (or someone responsible for maintenance) failed to use reasonable care to keep the area reasonably safe or to address a hazard, and that this failure caused your injuries. Evidence matters because the property side may argue the hazard was not theirs to fix, they did not know about it, or you could have avoided it. North Carolina also follows a strict contributory negligence rule in many cases, meaning the defense may try to show you were even slightly careless (for example, not watching where you were going), so details that explain what you could and could not see can be critical.

Key Requirements

• Proof of the hazard: Evidence showing what made the surface unsafe (liquid, ice, uneven flooring, poor lighting, loose mat, missing handrail, etc.).
• Location and timing: Evidence tying the hazard to a specific place and time (so it can be investigated and linked to responsible parties).
• Responsibility and notice: Evidence showing who controlled the area and whether they knew (or should have known) about the hazard and had time to fix it or warn people.
• Causation: Evidence that the hazard actually caused the fall (not a separate medical issue or unrelated trip).
• Injuries and treatment: Evidence documenting what injuries you suffered and the care you needed.
• Damages: Evidence of how the injury affected your life (missed work, out-of-pocket costs, limitations).

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Sets a three-year limitations period for many personal injury negligence claims (timing can vary by claim type).
• N.C. Gen. Stat. § 38B-2 (Duty to trespassers) - States the general rule that land possessors typically do not owe a duty of care to trespassers, with limited exceptions.
• N.C. Gen. Stat. § 38B-3 (Exceptions) - Lists exceptions where a land possessor may still have liability for injuries to trespassers.

Analysis

Apply the Rule to the Facts: Because the main fact provided is that you are considering speaking with an attorney about a slip-and-fall incident, the most important next step is to preserve evidence that can prove each part of a negligence claim: what the hazard was, who was responsible for the area, whether the hazard existed long enough that it should have been addressed, and what injuries resulted. The sooner you collect and organize this information, the easier it is to investigate before conditions change and memories fade.

Process & Timing

1. Who gathers: You (and later your attorney). Where: At the scene (if safe), then through your medical providers and your own records. What: Photos/videos, witness contact info, incident report details, and a written timeline. When: Ideally the same day or within 24–48 hours for scene evidence and witnesses.
2. Preserve third-party evidence: Ask the property manager (in writing if possible) to preserve surveillance video and any incident/maintenance records. Many systems overwrite footage quickly, so do this as soon as you can.
3. Document medical and financial impact: Get evaluated promptly, follow up as recommended, and keep copies of discharge papers, diagnoses, work notes, receipts, and mileage logs. These records help connect the fall to the injury and show the impact.

Exceptions & Pitfalls

• Surveillance video disappears: Waiting even a week can be too long if the system overwrites footage. Ask for preservation quickly and keep a copy of your request.
• “Open and obvious” and contributory negligence arguments: The defense may claim you should have seen and avoided the hazard. Photos showing lighting, sightlines, warning signs (or lack of them), and the exact spot where you fell can help address this.
• Not tying the hazard to the fall: If you only document injuries but not the condition that caused the fall, the other side may argue you fell for another reason. Try to capture the hazard and the surrounding area from multiple angles.
• Incomplete witness info: A first name is rarely enough. Get full names, phone numbers, and a short summary of what they saw.
• Gaps in medical care: Large gaps can lead to arguments that something else caused your symptoms. If you cannot treat right away, document why and keep records of symptoms.
• Throwing away key items: Keep the shoes and clothing you wore (unwashed if possible) in a safe place. Do not alter them.
• Overstating or guessing: Stick to what you know. If you do not know how long a spill was there, do not guess—focus on what you observed (wetness, footprints, track marks, lack of cones, etc.).

Conclusion

To support a slip-and-fall claim in North Carolina, gather evidence that proves the unsafe condition, who controlled the area, whether the hazard should have been addressed, and how the fall caused your injuries and losses. Photos/video of the scene, witness contacts, incident reports, medical records, and wage/expense documentation are often the most useful. Your next step is to send a written request to preserve any surveillance video and related records as soon as possible, keeping in mind many injury claims must be filed within three years.

Talk to a Personal Injury Attorney

If you're dealing with a slip-and-fall and you are not sure what evidence matters or how to preserve it, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.