Short Answer

You may have a slip-and-fall case in North Carolina if a property owner or occupant failed to use reasonable care to keep the premises reasonably safe (or to warn about an unsafe condition) and that failure caused your injury. Your status on the property matters—North Carolina law treats trespassers differently than lawful visitors. Also, North Carolina’s contributory negligence rule can bar recovery if the defense proves you were even slightly at fault for the fall.

Understanding the Problem

If you were hurt in North Carolina after slipping or tripping on someone else’s property, can you hold the property owner or person in control of the property responsible for not fixing or warning about a dangerous condition? In your situation, one key fact is that you are considering talking with an attorney about a slip-and-fall incident, which usually means you need to understand whether the law recognizes a claim based on how the property was maintained and what caused the fall.

Apply the Law

Most slip-and-fall claims in North Carolina are negligence cases based on premises liability. In plain English, the question is whether the person or entity in control of the property acted reasonably to prevent foreseeable injuries. A core issue is often notice: did the property controller know (or should they have known) about the unsafe condition in time to fix it or warn about it? Another core issue is your legal status on the property. North Carolina has specific rules limiting duties owed to trespassers, with narrow exceptions. Lawsuits are typically filed in North Carolina state court (Superior Court) in the county where the incident happened or where the defendant resides, and most personal injury claims must be filed within a set time limit.

Key Requirements

• Duty (what care was owed to you): The property owner/occupant must owe you a legal duty based on why you were on the property (for example, a customer, guest, or trespasser).
• Unsafe condition: There must be a condition that made the premises unreasonably unsafe under the circumstances (for example, a spill, broken step, or hidden drop-off).
• Notice and opportunity to address it: Many cases turn on whether the property controller had enough time to discover the hazard through reasonable inspection and either fix it or warn about it.
• Causation: The unsafe condition must be a real cause of the fall and the injuries (not just something present in the area).
• Damages: You must have actual harm, such as physical injury and related losses.
• No contributory negligence that bars the claim: If the defense proves you failed to use reasonable care for your own safety and that contributed to the fall, North Carolina law may bar recovery.

What the Statutes Say

• N.C. Gen. Stat. § 38B-2 (Duty to trespassers; general rule) - Generally says a possessor of land does not owe a duty of care to a trespasser.
• N.C. Gen. Stat. § 38B-3 (Exceptions for trespassers) - Lists limited situations where a possessor of land may still be liable (such as willful or wanton conduct, certain risks to child trespassers, or failing to use ordinary care after discovering a trespasser in peril).
• N.C. Gen. Stat. § 1-52 (Three-year limitations period; includes personal injury) - Provides a three-year statute of limitations for many personal injury negligence claims.
• N.C. Gen. Stat. § 1-139 (Burden of proof for contributory negligence) - States that the party asserting contributory negligence has the burden of proof.

Analysis

Apply the Rule to the Facts: Based on the limited facts provided, the key question is whether the fall was caused by a dangerous condition on the property that the person in control should have addressed (by fixing it or warning about it). If the hazard existed long enough that a reasonable inspection would have found it, that supports a claim. If the defense can show you did not use reasonable care for your own safety and that contributed to the fall, that can defeat an otherwise valid claim in North Carolina.

Process & Timing

1. Who files: The injured person (plaintiff). Where: North Carolina state court (typically Superior Court) in the appropriate county. What: A civil complaint alleging negligence/premises liability, then formal service of process on the defendant. When: In most cases, file within 3 years of when the injury claim accrues under North Carolina law.
2. Investigation and evidence: The parties gather evidence such as incident reports, photos/video, witness statements, maintenance/inspection records, and medical records. In many slip-and-fall cases, proof about how long the hazard existed and what inspections were done becomes central.
3. Resolution: The case may resolve through settlement discussions or proceed through motions, mediation (often required by local rules in many civil cases), and trial if needed.

Exceptions & Pitfalls

• Trespasser rules: If you were on the property without permission, North Carolina law generally limits the duty owed to you, with only narrow exceptions.
• Contributory negligence: North Carolina’s contributory negligence doctrine can bar recovery if the defense proves your own lack of reasonable care contributed to the fall (for example, ignoring a visible hazard or failing to watch where you were walking).
• Notice problems: If the hazard appeared moments before the fall and the property controller had no reasonable chance to discover and address it, liability can be difficult to prove.
• Evidence disappears quickly: Spills get cleaned, mats get moved, and video can be overwritten. Waiting too long can make it harder to prove what happened and how long the hazard existed.

Conclusion

You may have a North Carolina slip-and-fall case if the person in control of the property owed you a duty of care, failed to act reasonably to fix or warn about an unsafe condition they knew or should have known about, and that failure caused your injuries. Your status on the property and contributory negligence are often decisive. A practical next step is to have an attorney evaluate the evidence and, if appropriate, file a civil complaint in the proper North Carolina court within three years.

Talk to a Personal Injury Attorney

If you're dealing with injuries from a slip-and-fall on someone else’s property, our firm has experienced attorneys who can help you understand your options and timelines under North Carolina law. 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.