Short Answer

Possibly. In North Carolina, a slip-and-fall claim usually turns on whether the property owner (or the person in control of the property) knew or should have known about a dangerous condition and failed to fix it or warn about it within a reasonable time. Even if the owner had notice, your case can still be defeated if you are found even slightly at fault under North Carolina’s contributory negligence rules, so the details matter.

Understanding the Problem

If you slipped and fell in North Carolina and you believe the property owner already knew about the hazard, the key question is whether you can hold that owner responsible for not fixing it or not warning you in time. Here, one important missing detail is the location where the fall happened, because the owner’s duties can change depending on why you were on the property and what kind of property it was.

Apply the Law

Most slip-and-fall cases in North Carolina are negligence cases based on unsafe property conditions (often called “premises liability”). In plain English, you generally need to show: (1) there was an unreasonably dangerous condition, (2) the property owner or person in control had notice of it (actual notice or constructive notice), (3) they did not act reasonably to correct it or warn about it, and (4) the condition caused your fall and injuries.

“Knew about the hazard” usually means actual notice (someone reported it, an employee saw it, it happened before, or the owner created it). You can also prove constructive notice by showing the condition existed long enough that a reasonable owner would have discovered it through ordinary inspections and maintenance.

Key Requirements

• Dangerous condition: A condition that creates an unreasonable risk of a slip or trip (for example, a slick floor, uneven surface, or debris in a walkway).
• Control of the property: The responsible party is often the person or entity that possessed or controlled the area (not always the titled owner).
• Notice (knowledge): You typically must show the responsible party knew about the hazard (actual notice) or should have known through reasonable care (constructive notice).
• Unreasonable response: The responsible party failed to fix the hazard, block access, or give an adequate warning within a reasonable time.
• Causation: The hazard must be what actually caused the fall, not a different condition or unrelated medical issue.
• Damages: You must have real harm (physical injury and related losses).
• Contributory negligence risk: If you are found even slightly negligent in causing your fall, North Carolina law can bar recovery.

What the Statutes Say

• N.C. Gen. Stat. § 38B-2 (Duty to trespassers; general rule) - Generally limits a land possessor’s duty to trespassers, which can affect whether a slip-and-fall claim is viable depending on why you were on the property.
• N.C. Gen. Stat. § 38B-3 (Duty to trespassers; exceptions) - Lists situations where a land possessor may still be liable to a trespasser (for example, willful or wanton conduct, certain child-trespasser situations, or failing to use ordinary care after discovering someone in peril).
• N.C. Gen. Stat. § 38A-4 (Recreational use; limitation of liability) - In some recreational/educational use situations where land is opened without charge, the duty can be reduced and may resemble the duty owed to trespassers, with limited exceptions.

Analysis

Apply the Rule to the Facts: Based on what you shared, you have a potential claim if the fall happened on property controlled by someone who had notice of the hazard and did not act reasonably to fix it or warn about it. Right now, the biggest gap is the location and context of the fall, because that can affect what duty was owed to you and what evidence is available (like incident reports, maintenance logs, or video). Even with proof the owner knew about the hazard, the defense will often focus on whether you could have avoided it and whether your own actions contributed to the fall.

Process & Timing

1. Who files: The injured person. Where: North Carolina state court in the county where the incident happened or where the defendant resides/does business (venue rules can vary). What: A civil complaint alleging negligence/premises liability. When: Many North Carolina personal injury claims have a 3-year statute of limitations, but deadlines can differ depending on the defendant and the type of claim, so confirm promptly.
2. Early evidence step: Preserve proof of notice and the hazard’s condition (photos, footwear, medical records, names of witnesses, and any incident report). If the fall occurred at a business, request that any surveillance video be preserved quickly because retention periods can be short.
3. Resolution path: The claim may resolve through an insurance claim/settlement discussions or proceed through litigation (discovery, motions, and possibly trial) if liability or damages are disputed.

Exceptions & Pitfalls

• Contributory negligence: North Carolina’s contributory negligence rule can bar recovery if the defense proves you were even slightly careless in a way that contributed to the fall (for example, ignoring a clear warning or not watching where you were walking).
• “Open and obvious” arguments: Property owners often argue the condition was so apparent that a reasonable person would have avoided it. That issue often overlaps with contributory negligence.
• Notice is not automatic: “They should have known” usually requires facts showing the hazard existed long enough or happened often enough that reasonable inspections would have found it.
• Wrong defendant: The responsible party may be a tenant, manager, or contractor rather than the titled owner, depending on who controlled the area where you fell.
• Recreational-use limits: If the fall happened on land opened to the public without charge for recreational/educational use, liability rules can be narrower under North Carolina law.
• Evidence disappears: Floor conditions change quickly, and video can be overwritten. Delays can make it much harder to prove what the hazard was and how long it existed.

Conclusion

In North Carolina, you may have a slip-and-fall case if the property owner (or the person controlling the property) knew or should have known about a dangerous condition and did not fix it or warn about it within a reasonable time, and that condition caused your injuries. The biggest threats to these cases are proving notice and avoiding a contributory negligence finding. A practical next step is to identify the exact location and preserve evidence immediately, and confirm the filing deadline (often 3 years from the fall).

Talk to a Personal Injury Attorney

If you're dealing with a slip-and-fall where you believe the property owner already knew about the hazard, an attorney can help you identify the legally responsible party, evaluate notice and contributory negligence issues, and track the deadlines that apply. Call CONTACT NUMBER to discuss what happened and what information to gather next.

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.