How can I hold the airport or its contractor responsible for my slip and fall injuries?
How can I hold the airport or its contractor responsible for my slip and fall injuries? - North Carolina
Short Answer
In North Carolina, you can pursue a negligence claim against the airport owner/operator and any maintenance contractor if they created a dangerous condition or knew (or should have known) about it and failed to fix it or warn you. Most personal injury claims must be filed within three years, and claims against state agencies follow the North Carolina Tort Claims Act before the Industrial Commission. Governmental immunity and proper party identification are key early issues.
Understanding the Problem
You want to know if, in North Carolina, you can hold an airport or its maintenance contractor responsible for a slip at the top of an escalator when no hazard signage was posted. The question is whether you can bring a negligence claim to recover medical costs and lost wages. The decision point is who can be sued (airport owner/operator, a public authority, or a private contractor) and where to file, given deadlines that apply.
Apply the Law
North Carolina premises liability law requires property owners and those who control or maintain property to use reasonable care to keep areas safe for lawful visitors and to warn of hidden dangers they know about or should discover through reasonable inspection. To recover, you must prove duty, breach (including notice of the hazard), causation, and damages. Claims against state entities proceed under the Tort Claims Act in the North Carolina Industrial Commission; claims against private contractors or local governments (when immunity is waived) are filed in Superior Court. Most injury claims have a three-year filing deadline.
Key Requirements
Duty and Control: The airport entity or its contractor owed you reasonable care if they owned, operated, or controlled the area where you fell.
Hazard and Notice: They created the hazard, or had actual or constructive notice of it, and failed to fix it or warn. Missing signage can support a failure-to-warn theory.
Causation: The unsafe condition caused your fall and injuries.
Damages: You suffered losses (medical bills, lost wages, pain) tied to the fall.
Forum & Immunity: If the airport is a state entity, file under the Tort Claims Act with the Industrial Commission; local governments may have immunity unless waived by insurance; private contractors can be sued in court.
Deadline: Personal injury actions generally must be filed within three years; Tort Claims Act filings have their own three-year timetable.
Apply the Rule to the Facts: The lack of hazard signage at the top of the escalator supports a claim that the airport or its contractor failed to warn of a dangerous condition, if you can show they created it or should have discovered it. Your ER visit, imaging, specialist care, and PT establish damages and medical causation; the unrelated arm fracture may complicate, but does not defeat, compensation for proven fall-related back injuries. A denied workers’ compensation claim does not bar a third-party negligence claim. Lost wages are recoverable if tied to the fall-related limitations, not unrelated job-status changes.
Process & Timing
Who files: The injured traveler. Where: If the airport is a state entity, file a tort claim with the North Carolina Industrial Commission; if it is a city/county airport or an airport authority with waived immunity, file a Complaint in the Superior Court for the county where the fall occurred or where a defendant resides; sue any private contractor in Superior Court. What: Industrial Commission tort claim affidavit; or a Civil Summons (AOC-CV-100) and Complaint. When: Generally within three years of the fall.
Send prompt preservation letters to the airport and contractor for surveillance video, incident reports, and maintenance logs; then investigate entity ownership, contracts, and insurance/waiver of immunity. Expect several months for records and insurance review.
Pursue settlement or a hearing/trial. Industrial Commission cases are heard by a Deputy Commissioner; court cases proceed through discovery, mediation, and trial. The outcome is a decision or settlement documented by order or judgment.
Exceptions & Pitfalls
Governmental immunity: Many airports are public authorities or local-government operations. If immunity isn’t waived by insurance, claims may be barred against that entity—consider claims against the private contractor.
Contributory negligence: In North Carolina, even minor fault by the injured person can bar recovery. Avoid statements that suggest inattention; document footwear, lighting, and crowding.
Open-and-obvious arguments: Defendants may argue the hazard was visible. Missing or inadequate signage helps counter that if the danger wasn’t apparent.
Notice proof: You must show the airport/contractor caused the hazard or had time to discover it. Secure video and cleaning/inspection logs quickly; many systems overwrite footage.
Wrong forum or party: Identify the correct airport owner/operator and any maintenance company before filing; choose Industrial Commission vs. Superior Court accordingly.
Workers’ comp interplay: If the injury is later deemed work-related, a workers’ compensation lien may attach to any third-party recovery; coordinate benefits and deadlines.
Conclusion
To hold a North Carolina airport or its contractor responsible, prove they controlled the area, breached their duty by creating or failing to address a hazard (or warn of it), and that this caused your injuries and losses. Identify the correct entity and forum: file with the Industrial Commission if it’s a state entity, or file a Complaint in Superior Court against the airport (if immunity is waived) and any private contractor. File within three years and preserve evidence immediately.
Talk to a Personal Injury Attorney
If you're dealing with an airport slip-and-fall and need to sort out who is responsible and where to file, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.
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.
