Do I have a slip-and-fall case if a store had a wet floor and no warning signs were posted?

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Do I have a slip-and-fall case if a store had a wet floor and no warning signs were posted? - North Carolina

Short Answer

Possibly. In North Carolina, a wet floor with no warning sign can support a slip-and-fall claim, but only if you can show the store was negligent—usually because it created the wet condition or knew (or should have known) it was there and did not fix it or warn customers. The lack of a sign helps, but it is not automatic proof of liability, and North Carolina’s contributory negligence rule can bar recovery if the store proves you failed to use reasonable care for your own safety.

Understanding the Problem

If you slipped near the entrance of a convenience store in North Carolina and you believe there were no wet-floor signs, the key question is whether the store had a duty to keep that walkway reasonably safe (or warn you) and failed to do so at the time you fell.

Apply the Law

Most store slip-and-fall cases in North Carolina are negligence cases. That means you generally must prove: (1) the store owed you a duty of reasonable care as a customer, (2) the store breached that duty by allowing an unsafe condition (like a wet floor) to exist without reasonable cleanup or warning, (3) the breach caused your fall, and (4) you suffered damages.

A major issue in wet-floor cases is notice. If store staff created the wet condition (for example, by mopping or spilling something), notice is usually easier to show. If the wetness came from customers tracking in rainwater or from an unknown spill, you typically need facts showing the store had actual notice (they knew) or constructive notice (it was there long enough that reasonable inspections should have found it) and still did not act reasonably.

North Carolina also follows contributory negligence in most negligence cases. That means if the store proves you did not use reasonable care for your own safety and that contributed to the fall, that can bar recovery—even if the store was also careless.

Key Requirements

  • Unsafe condition: You must show there was a hazardous condition on the premises (here, a wet floor in a customer walkway).
  • Store negligence (breach of duty): You must show the store failed to act reasonably—such as failing to clean up within a reasonable time, failing to block off the area, or failing to post a reasonable warning when a hazard could not be immediately fixed.
  • Notice (actual or constructive): If the store did not create the wet floor, you generally need proof the store knew about it or should have discovered it through reasonable inspections.
  • Causation: You must connect the wet floor to the fall (not just that you fell in the store).
  • Damages: You must show real harm (medical care, pain, work restrictions, etc.).
  • Reasonable self-care (contributory negligence risk): The store may argue the condition was visible or you were not paying attention; if proven, that can defeat the claim.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Based on your report, you were a customer walking near the entrance when you slipped on a wet floor and there were no warning signs. Those facts can support the “unsafe condition” and “failure to warn” parts of a negligence claim. The make-or-break issue is often whether the store created the wet condition (for example, recent mopping) or had enough time and reason to discover it (like a recurring puddle near the entrance) and still failed to take reasonable steps to address it.

Process & Timing

  1. Who files: The injured person. Where: Typically North Carolina state court in the county where the incident happened or where the defendant does business. What: A civil complaint alleging negligence and damages (and related filings required by court rules). When: Many North Carolina personal injury claims have a 3-year statute of limitations, but deadlines can differ depending on the defendant and the legal theory, so confirm promptly.
  2. Investigation and evidence gathering: Before filing (and also during the case), your attorney typically requests incident reports, identifies witnesses, seeks any surveillance video, and documents the condition of the floor and the store’s inspection/cleaning practices. Video can be overwritten quickly, so early preservation requests matter.
  3. Resolution path: The claim may resolve through insurance negotiations, mediation, or—if disputed—trial. If the store argues you were at fault, contributory negligence becomes a central issue that can drive settlement value and litigation strategy.

Exceptions & Pitfalls

  • “No sign” is not the whole case: A missing wet-floor sign helps, but you still usually must prove the store acted unreasonably under the circumstances (including notice and opportunity to fix or warn).
  • Notice problems: If the wetness appeared moments before you fell (for example, a fresh spill), the store may argue it had no reasonable chance to discover and address it.
  • Contributory negligence: The store may claim you should have seen the wet area, avoided it, or used extra caution near the entrance. In North Carolina, that argument can be case-ending if a judge or jury agrees.
  • Delayed documentation: Waiting to report the fall, take photos, identify witnesses, or seek care can make it harder to prove what caused the fall and how serious the injury is.
  • Video preservation: Many systems overwrite footage quickly. A prompt written request to preserve evidence can be important.

Conclusion

In North Carolina, a wet floor with no warning signs can support a slip-and-fall case, but you still must prove the store was negligent—often by showing it created the wet condition or knew (or should have known) it was there and failed to clean it up or warn customers. Contributory negligence can still defeat the claim if the store proves you did not use reasonable care. A practical next step is to have a lawyer send an evidence-preservation request and evaluate the claim well before the 3-year filing deadline.

Talk to a Personal Injury Attorney

If you're dealing with a slip-and-fall on a wet floor where there were no warning signs, our firm has experienced attorneys who can help you understand your options, preserve evidence, and evaluate timelines under North Carolina law. Call (704) 343-2400 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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