Short Answer

In North Carolina, you usually prove a landlord “knew” stairs were unsafe by showing the landlord had actual notice (someone told them or they saw it) or should have known through reasonable inspections and maintenance. The strongest proof is written repair requests, prior complaints, maintenance records, and photos showing the condition existed long enough that it would have been discovered. Your photos/video of the broken stairs and fall can help, but notice evidence is what ties the hazard to the landlord’s responsibility to fix it.

Understanding the Problem

If you were hurt after falling on broken apartment stairs in North Carolina, and you have photos or video showing the stairs were in poor condition, you may be asking: how do I show the landlord knew (or should have known) the stairs were unsafe before my fall so they can be held responsible for not fixing them?

Apply the Law

In North Carolina, a landlord has legal duties to keep rental property reasonably safe, including keeping common areas safe and addressing certain serious hazards once the landlord has actual knowledge or receives notice. Unsafe steps can qualify as an “imminently dangerous condition,” which triggers a duty to repair or remedy within a reasonable time based on how severe the danger is. In an injury claim, the “knowledge” issue is often proved by showing the landlord had notice of the problem (or the problem existed long enough that the landlord should have discovered it through reasonable care).

Key Requirements

• Duty (legal responsibility): The landlord must keep common areas safe and must repair or remedy unsafe steps within a reasonable time after actual knowledge or notice.
• Notice/knowledge: You must show the landlord knew about the unsafe stairs (actual notice) or should have known because the condition was obvious or existed long enough to be found (constructive notice).
• Unreasonable failure to act: The landlord did not repair, block off, warn about, or otherwise address the hazard within a reasonable time given the risk.
• Causation: The unsafe stair condition was a real cause of your fall (not just present in the background).
• Damages: You suffered harm (for example, medical treatment and time out of work) tied to the fall.

What the Statutes Say

• N.C. Gen. Stat. § 42-42 (Landlord to provide fit premises) - Requires landlords to keep common areas safe and to repair or remedy unsafe steps (an “imminently dangerous condition”) after actual knowledge or notice within a reasonable time.
• N.C. Gen. Stat. § 42-44 (General remedies, penalties, and limitations) - Allows civil enforcement of Chapter 42 duties and notes that a violation of the landlord-tenant statute is not automatically negligence by itself.

Analysis

Apply the Rule to the Facts: Here, you report the stairs were in poor condition and not repaired, and you fell because the staircase was broken. Your photos/video help prove the condition existed and what it looked like at the time of the fall (duty, hazard, and causation). To prove the landlord’s prior knowledge, you will want evidence that the landlord or property manager was told about the broken stairs (actual notice) or that the condition was so visible or longstanding that reasonable upkeep would have found it (constructive notice).

Process & Timing

1. Who gathers proof: The injured tenant (and their attorney, if retained). Where: From your own records, the landlord/property manager, witnesses, and local government records if inspections occurred. What: Copies of written repair requests, emails/texts/portal submissions, maintenance tickets, inspection reports, photos/video, and witness statements. When: Start immediately; preserve evidence before repairs change the scene.
2. Notice proof building: Request (in writing) the landlord’s maintenance history for the stairwell, including prior work orders and complaints. Identify neighbors who complained, saw the defect, or saw prior temporary fixes, and get short written statements while memories are fresh.
3. Formal claim steps: If the matter does not resolve, the next step is typically a civil claim filed in the appropriate North Carolina trial court. During the case, “discovery” tools (document requests, written questions, and sworn testimony) are used to force production of maintenance logs, vendor invoices, and internal communications that can show prior knowledge.

Exceptions & Pitfalls

• “We didn’t know” defenses: Landlords often argue they never received notice. This is why dated, written complaints (email, text, portal screenshots) and proof of delivery matter.
• Verbal complaints with no paper trail: If you only called or spoke in person, it can be harder to prove. Try to reconstruct it with phone logs, follow-up emails (“confirming our call”), or witness statements from someone who heard you report it.
• Repairs after the fall: Quick repairs can erase the best evidence. Preserve your photos/video, back them up, and write down what you observed (where the break was, lighting, wetness, loose boards, missing handrail, etc.).
• Confusing “code violation” with liability: Building or housing code issues can support your case, but under North Carolina law a statutory violation in this area is not automatically negligence by itself. You still need to prove notice, unreasonable failure to act, and causation.
• Blame shifting to the tenant: The landlord may argue you should have avoided the stairs or watched your step. Clear evidence of a broken step and why it was dangerous helps keep the focus on the hazard and the landlord’s repair duty.

Conclusion

To prove your landlord knew the apartment stairs were unsafe before you got hurt in North Carolina, focus on notice: written complaints, maintenance requests, prior work orders, inspection records, and witness statements showing the landlord had actual knowledge or should have discovered the hazard. North Carolina law also treats unsafe steps as a serious condition that must be repaired or remedied within a reasonable time after notice. Your next step is to send a written request for the stairwell’s maintenance and complaint history and preserve all photos/video immediately.

Talk to a Personal Injury Attorney

If you're dealing with injuries from a fall on unsafe apartment stairs and need to prove the landlord had notice before you were hurt, our firm has experienced attorneys who can help you understand your options and timelines. Call (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.