Short Answer

In North Carolina, not filing an incident or police report right away after a slip, trip, or fall is usually not fatal to your injury claim. Reports help document what happened, but the law focuses on proof of a dangerous condition, the property owner’s knowledge or creation of it, and your damages. Act now to preserve evidence and meet the filing deadline.

Understanding the Problem

You’re asking whether the lack of an immediate incident or police report in North Carolina hurts a premises injury claim. You were a visitor moving through a bus terminal under construction, and no report was made at the time, though your partner took photos. The decision point is: can you still pursue a claim without that report, and what should you do next?

Apply the Law

North Carolina law does not require a police or incident report for a premises injury claim. To recover, you must prove the property owner or contractor failed to use reasonable care to keep the area reasonably safe or to warn of hidden dangers, that they knew or should have known about the hazard (or created it), and that this caused your injuries. Claims against private owners are filed in state court; claims against the State are brought in the North Carolina Industrial Commission. The standard statute of limitations for personal injury is three years from the date of injury.

Key Requirements

• No mandatory report: An incident or police report is helpful but not required to bring a premises injury claim.
• Unsafe condition and breach: Show a hazardous condition and that the owner/contractor failed to use reasonable care to fix it or warn about it.
• Notice or creation: Prove the owner/contractor created the hazard or had actual or constructive notice of it and didn’t act reasonably.
• Causation and damages: Link the fall to your injuries with medical records, imaging, and consistent symptoms.
• Deadline and forum: File suit within three years in the proper North Carolina court, or file with the Industrial Commission if the State owns/operates the property.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year personal injury limit) - Most personal injury claims must be filed within three years.
• North Carolina Gen. Stat. § 143-291 (Tort Claims Act forum) - Negligence claims against the State are heard by the North Carolina Industrial Commission.

Analysis

Apply the Rule to the Facts: You did not file an incident report, but your partner’s photos and your medical imaging provide evidence of the hazard and injuries. A construction-zone trip on a temporary cover with poor lighting and missing warnings can support breach, especially if the owner/contractor created the condition or should have known about it. Delayed treatment can raise questions, so keep clear medical documentation tying symptoms to the fall. You still must file within three years from the accident date.

Process & Timing

1. Who files: The injured person. Where: For private/property owner claims, the General Court of Justice in the county where the terminal is located (typically Superior Court for larger claims). For State-owned property, the North Carolina Industrial Commission. What: Preserve evidence; send a written preservation/notice letter; then a civil Complaint and Civil Summons (AOC-CV-100) if litigation is needed. When: File suit within three years of the fall; request preservation of video and records immediately.
2. Claim investigation and negotiation: Expect the owner or insurer to request photos, witness info, and medical records. Many businesses overwrite surveillance within weeks, so early preservation matters; timelines vary by county and facility.
3. Resolution: If negotiations fail, proceed through discovery and, if necessary, trial. The outcome is a settlement agreement or a court judgment.

Exceptions & Pitfalls

• Contributory negligence: Any fault on your part can bar recovery; be precise about lighting, warnings, and visibility.
• Open-and-obvious or no-notice defenses: You must show the owner/contractor created the hazard or had (or should have had) notice and failed to act.
• Evidence gaps: No incident report is not fatal, but move fast to preserve surveillance and witness statements; businesses often auto-delete footage.
• Medical gaps: Delayed treatment can weaken causation; keep consistent medical documentation connecting your symptoms to the fall.
• Public entity issues: If the State owned or operated the site, the claim belongs in the Industrial Commission and different procedures apply.

Talk to a Personal Injury Attorney

If you fell at a construction-affected property and no incident report was made, our firm can help you secure evidence, assess liability, and protect deadlines. Reach out today at (919) 341-7055 to discuss your options.

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.