Short Answer

In North Carolina, you must prove the airport (or its operator) was negligent: a dangerous condition existed, the airport knew or should have known about it, failed to fix or warn, and that hazard caused your injuries and losses. Useful evidence includes photos/video of the scene, witness statements, inspection and cleaning records, surveillance footage, incident reports, and medical and wage records. North Carolina’s three-year statute of limitations applies, and contributory negligence can bar recovery if you were even slightly at fault.

Understanding the Problem

You want to know what proof you need in North Carolina to show that an unmarked hazard—at the top of an airport escalator—caused your fall and injuries. The decision point is whether you can gather facts showing the airport had notice of the danger and failed to fix it or warn you, and that this failure caused your injuries.

Apply the Law

North Carolina premises liability law requires an injured visitor (an “invitee,” like an airport patron) to show negligence by the property owner or operator. The core questions are whether a hazardous condition existed, whether the airport created it or had actual or constructive notice of it, whether the airport acted reasonably to fix or warn about it, and whether the condition caused your injuries and damages. Lawsuits are filed in North Carolina state courts; a three-year statute of limitations generally applies. If the airport is run by a government entity, immunity and forum rules may change the path and proof needed.

Key Requirements

• Dangerous condition: A specific, unsafe condition existed (e.g., wet floor, debris, escalator malfunction) at the time of your fall.
• Notice and breach: The airport created the hazard or knew/should have known about it in time to fix or warn, and failed to act reasonably.
• No adequate warning: There was no effective signage, cone, barricade, or attendant warning in place when you encountered the hazard.
• Causation: The hazard caused your fall and your injuries; medical records and provider opinions connect the event to your treatment and limitations.
• Damages: Documented losses such as medical bills, lost wages, and other measurable impacts.
• Contributory negligence: Your own reasonable care matters; if you were even slightly at fault, recovery can be barred.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limit for personal injury) - Most negligence claims must be filed within three years of the injury.
• North Carolina Rule of Evidence 407 (Subsequent remedial measures) - Fixes or signs added after an incident generally cannot be used to prove negligence.
• North Carolina Gen. Stat. § 160A-485 (Municipal immunity and insurance) - Cities and towns may waive immunity by purchasing liability insurance.
• North Carolina Gen. Stat. § 143-291 (North Carolina Tort Claims Act) - Negligence claims against state agencies are heard by the Industrial Commission.

Analysis

Apply the Rule to the Facts: Your fall at the top of the airport escalator with no hazard signage points to a potential dangerous condition without adequate warning. You will need proof that the airport created the hazard or had time to find and fix it—surveillance video, inspection/cleaning logs, and witness accounts are key. Your ER, primary care, spine, and PT records should connect the fall to your back injuries and time off work; because an unrelated arm fracture interrupted therapy, your providers’ opinions will help separate and apportion the effects of each event.

Process & Timing

1. Who files: The injured person (through counsel). Where: Clerk of Superior Court in the county where the airport is located (District or Superior Court depends on the amount in controversy). What: Civil Complaint and Civil Summons (AOC-CV-100). When: File within three years of the fall.
2. Immediately send a preservation letter to the airport/operator to save surveillance video, incident reports, and maintenance/inspection records; request witness information. Many systems overwrite video within weeks, so act fast.
3. After filing and service, use discovery to obtain cleaning schedules, inspection logs, prior incident data, training materials, and full medical and wage records. Expect timelines to vary by county and case complexity.

Exceptions & Pitfalls

• Contributory negligence: Even slight fault on your part can bar recovery. Gather evidence showing you used reasonable care.
• Governmental immunity: If a city, county, or airport authority runs the facility, immunity or special forums may apply; confirm the correct entity and insurance early.
• Video deletion: Surveillance footage may auto-delete quickly. Send preservation requests immediately.
• Post-incident signs: New cones or signs added after your fall typically cannot prove negligence; focus on what existed at the time.
• Medical causation gaps: An unrelated injury (like your arm fracture) can complicate causation; obtain clear provider opinions tying specific limitations and treatment to the fall.
• Service/party errors: Suing or serving the wrong entity (e.g., a tenant vs. airport authority) can delay or derail your case; verify control and maintenance responsibilities.

Talk to a Personal Injury Attorney

If you're dealing with an airport slip-and-fall involving an unmarked hazard, 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.