Short Answer

In North Carolina, you start by filing a negligence (premises liability) lawsuit in the county where the property is located or where the landlord resides. You must show the landlord owed you a duty, breached it by not fixing a known lighting hazard, and that the breach caused your injuries. Most personal injury claims must be filed within three years, and you’ll have to properly serve the landlord with a Civil Summons and Complaint under Rule 4.

Understanding the Problem

You want to know whether you can sue your North Carolina landlord for injuries after falling from a poorly lit porch when the landlord didn’t install requested exterior lighting. This question sits squarely in personal injury law and focuses on whether the landlord’s failure to address a known lighting hazard can support a premises liability claim and how to file it.

Apply the Law

In North Carolina, landlords must use reasonable care to keep common areas safe and comply with applicable housing and building codes. For rental homes and apartments, the Residential Rental Agreements Act requires landlords to keep common areas safe and follow codes that affect health and safety. A premises liability claim is a negligence claim: you must prove duty, breach, causation, and damages. File your civil action in the appropriate North Carolina court, serve the landlord under Rule 4, and be mindful that the statute of limitations for negligence is generally three years from the injury. Defendants typically have 30 days after service to respond.

Key Requirements

• Landlord duty: The landlord must keep common areas reasonably safe and comply with health and safety codes.
• Notice/knowledge: The landlord knew or should have known about the dangerous lack of lighting (e.g., by your prior request) and failed to act within a reasonable time.
• Breach: The landlord did not repair, install, or maintain required or reasonable lighting in a common area.
• Causation: The poor lighting was a factual and proximate cause of your fall and injuries.
• Damages: You suffered actual harm (medical treatment, pain, lost function, lost income).
• Filing and service: File within three years and serve the landlord with a Civil Summons and Complaint under Rule 4.

What the Statutes Say

• North Carolina Gen. Stat. § 42-42 (Landlord’s duties) - Landlords must keep premises fit and habitable and common areas safe; must comply with codes affecting health and safety.
• North Carolina Gen. Stat. § 1-52 (Limitations of actions) - Negligence actions are generally subject to a three-year limitations period.
• North Carolina Gen. Stat. § 1A-1, Rule 4 (Service of process) - Describes how to serve a civil summons and complaint (sheriff, certified mail, designated delivery service).

Analysis

Apply the Rule to the Facts: You reported the lack of exterior lighting before the fall, which supports landlord notice. A poorly lit porch in a common area the landlord controls can breach the duty to keep common areas safe and comply with applicable codes. Your fall and resulting spinal and arm injuries connect causally to the lack of lighting. Your medical treatment shows damages. Watch for contributory negligence arguments; in North Carolina, any fault by the injured person can bar recovery, but the landlord’s prior notice and control over the area strengthen your claim.

Process & Timing

1. Who files: The injured tenant (plaintiff). Where: Superior Court in the county where the property is located or the landlord resides in North Carolina. What: File a Complaint and Civil Summons (AOC-CV-100). When: Generally within three years of the injury; promptly serve the landlord under Rule 4.
2. After service, the landlord typically has 30 days to answer. The case then moves into discovery (documents, depositions) and, in many counties, a court-ordered mediated settlement conference occurs before trial.
3. Resolution comes by settlement, dismissal, or trial. If you win at trial, the court enters a judgment on liability and damages.

Exceptions & Pitfalls

• Contributory negligence: If the defense shows you were even slightly negligent, recovery can be barred. Address visibility, prior complaints, and why the hazard wasn’t avoidable.
• Open-and-obvious arguments: Defendants may argue the darkness or porch edge was obvious. Focus on the landlord’s duty to keep common areas safe and correct known hazards.
• Control of area: If the fall occurred in an area exclusively under the tenant’s control, landlord duties can be narrower. Establish that the area was a common area or that the landlord agreed to repair.
• Notice problems: Without proof of notice, claims are harder. Preserve texts, emails, maintenance requests, and witness statements.
• Service and party naming: Serve the correct legal entity (property owner/landlord, not just the on-site manager) under Rule 4 to avoid dismissal.

Talk to a Personal Injury Attorney

If you’re dealing with injuries from a fall on a poorly lit rental property and need to understand your options and timelines, our firm has experienced attorneys who can help you plan your next steps. Call us today to discuss your case.

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.