Short Answer

In North Carolina, a slip-and-fall claim can still be valid even if there were no witnesses and no video. You can prove what happened through other evidence, like photos, incident reports, medical records, and testimony about the condition of the floor and how long it was there. The main challenge is showing the property owner (or person in control of the property) was negligent and that you were not contributorily negligent.

Understanding the Problem

If you fell in North Carolina and there were no witnesses or video, you may be wondering whether you can still bring an injury claim against the property owner or business. In your situation, one key missing detail is the location of the fall, because the rules and deadlines can change depending on whether it happened on private property, a business property, or government property.

Apply the Law

North Carolina slip-and-fall cases are usually based on negligence (carelessness). In plain English, you generally must show (1) a dangerous condition existed, (2) the person or entity in control of the property knew or should have known about it in time to fix it or warn about it, and (3) that condition caused your injuries. Even without witnesses or video, you can prove these points with other evidence. Also, North Carolina follows a strict contributory negligence rule in many cases, meaning if the defense proves you were even slightly negligent and that contributed to the fall, it can bar recovery.

The forum is typically North Carolina state court in the county where the incident happened or where the defendant is located. A common deadline for personal injury lawsuits is three years from the date the claim accrues (often the date of injury), but special rules can apply depending on the defendant (for example, claims involving the State can have different procedures).

Key Requirements

• Duty based on your status on the property: The property controller’s duty can depend on whether you were there as a customer/guest, a social visitor, or a trespasser.
• Unsafe condition: You must identify what made the area unreasonably dangerous (for example, liquid, debris, uneven flooring, poor lighting, or a hidden drop-off).
• Notice (actual or constructive): You generally need facts showing the property controller knew about the hazard or should have discovered it with reasonable inspections.
• Causation: You must connect the hazard to the fall (not just that you fell somewhere on the property).
• Damages: You must show you suffered injuries or losses tied to the fall (often shown through medical records and work/impact documentation).
• Contributory negligence risk: The defense may argue you failed to use reasonable care (for example, not watching where you were going or ignoring a visible hazard).

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three years) - Provides a three-year limitations period for many civil actions, including many personal injury claims.
• N.C. Gen. Stat. § 38B-2 (Duty to trespassers) - States the general rule that a possessor of land does not owe a duty of care to a trespasser, with limited exceptions.
• N.C. Gen. Stat. § 38B-3 (Exceptions for trespassers) - Lists specific situations where a possessor of land may still have liability to a trespasser.

Analysis

Apply the Rule to the Facts: Because you have not yet identified the location of the fall, the first legal question is who controlled the area where you slipped (a private business, a landlord, a homeowner, or a government entity). Even without witnesses or video, you can still build proof of the unsafe condition and notice through other sources—such as your own detailed account, photos of the scene, medical records that match the mechanism of injury, and records from the property (like cleaning logs or incident reports). The defense often focuses on notice (how long the hazard existed) and contributory negligence (whether you should have seen and avoided it).

Process & Timing

1. Who files: The injured person (plaintiff). Where: Typically North Carolina state court in the county tied to the incident or defendant. What: A civil complaint alleging negligence (and related claims as appropriate). When: Often within three years for many personal injury claims, but confirm based on the defendant and claim type.
2. Early evidence steps: Identify the exact location and request preservation of evidence (for example, any surveillance footage that may exist, incident reports, maintenance/inspection logs, and employee statements). Even if you were told “there’s no video,” it is still important to confirm whether cameras existed, whether footage was overwritten, and whether any still images or system logs exist.
3. Case development: Collect medical records, document symptoms and limitations, obtain photographs and measurements if possible, and identify any indirect witnesses (people who saw the hazard before/after, employees who responded, or anyone you spoke with right after the fall). The case typically proceeds through discovery, where both sides exchange documents and take testimony.

Exceptions & Pitfalls

• “No witnesses” does not mean “no case,” but it raises proof issues: You may need stronger documentation of the hazard and how long it existed (notice is often the battleground).
• Contributory negligence: North Carolina’s contributory negligence rule can be a major defense in slip-and-fall cases. If the defense proves you failed to use reasonable care and that contributed to the fall, it can bar recovery.
• Open-and-obvious arguments: Property owners often argue the hazard was visible and avoidable. Photos, lighting conditions, and the exact placement of the hazard can matter.
• Location matters: Different rules and procedures may apply if the fall happened on government property or in an area controlled by a different entity than you assume (for example, a leased space, a common area, or a contractor-controlled area).
• Evidence can vanish fast: Video systems often overwrite footage quickly, and incident paperwork may be hard to obtain later. Acting promptly helps preserve proof.

Conclusion

In North Carolina, you can still pursue a slip-and-fall claim without witnesses or video, but you must prove an unsafe condition, notice (the owner knew or should have known), causation, and damages—and you must be prepared for contributory negligence defenses. The most important next step is to identify the exact location and responsible party and file your case within three years in many injury situations (with possible exceptions depending on who you are suing).

Talk to a Personal Injury Attorney

If you're dealing with a slip-and-fall where there were no witnesses or video, an attorney can help you identify the responsible party, preserve time-sensitive evidence, and evaluate notice and contributory negligence issues under North Carolina law. Reach out today.

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.