Short Answer

In North Carolina, a private business generally does not have to give you its internal incident report before a lawsuit. Ask in writing and send a preservation letter so the business keeps the report and any video. If they still refuse, you can obtain the report and video through formal discovery after you file a civil case, unless parts are protected as attorney work product. Act quickly because video systems often overwrite footage.

Understanding the Problem

You slipped on a wet floor in North Carolina and reported it to the business. Your question is narrow: can you get the incident report you filed, and what should you do if the business says no? You want the document to help your personal injury claim, and timing matters because you know video exists. This article explains your options to request the report and preserve evidence now, and how to get it later if the business will not cooperate.

Apply the Law

Under North Carolina law, private businesses are not generally required to share internal incident reports with customers before a lawsuit. Once a civil case is filed, you can request documents like the incident report and store video through the Rules of Civil Procedure. A business that reasonably anticipates a claim should preserve relevant evidence. Parts of a report prepared mainly for litigation may be protected as work product, but the basic facts (who, what, when, where) are typically discoverable. Personal injury claims usually must be filed within three years of the injury.

Key Requirements

• Pre-suit reality: A business can refuse to share its incident report before litigation.
• Preservation now: Send a written preservation request asking the business to keep the report, video, photos, and witness information.
• Discovery after filing: File suit and use document requests to obtain the report and video; use subpoenas for non-parties.
• Privilege limits: Factual portions are usually discoverable; opinions prepared primarily for litigation may be shielded.
• Deadline: Most North Carolina personal injury claims must be filed within three years of the fall.

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (limitations) - Sets the general three-year deadline for negligence claims.
• N.C. R. Civ. P. 34 (Requests for Production) - Lets parties request documents like incident reports and video after a case is filed.
• N.C. R. Civ. P. 45 (Subpoenas) - Allows subpoenas to non-parties to produce documents and video.
• N.C. Gen. Stat. § 108A-57 (Medicaid lien) - Addresses Medicaid’s right to recover from personal injury settlements.

Analysis

Apply the Rule to the Facts: Because you slipped on a wet floor in North Carolina, the business may lawfully decline to share its report right now. Send a written preservation letter immediately so the store keeps the report and any video. If you file suit, you can request the report and video through discovery and address any work-product claims. Since you have Medicaid, plan to account for Medicaid’s lien when resolving the claim; that does not affect your right to request evidence.

Process & Timing

1. Who files: You (or your attorney). Where: Clerk of Superior Court, Civil Division, in the county where the fall happened or where the defendant resides. What: Civil Complaint and Summons (AOC-CV-100). When: File within the general three-year limitations period.
2. Before suit: Send a written preservation-and-records request to the business now; use certified mail or another trackable method. Ask them to retain incident reports, video, photos, and witness information.
3. After suit: Serve Rule 34 requests for the incident report and video; if needed, use Rule 45 subpoenas for third parties. If the business refuses, seek a court order compelling production. Expect county-by-county scheduling differences.

Exceptions & Pitfalls

• Work-product claims: If the report was created mainly for litigation, the business may withhold opinions; request the factual portions and attachments (like photos) separately.
• Evidence loss: Many systems overwrite video in days or weeks. A prompt preservation letter helps protect your rights if footage is destroyed.
• Scope of requests: Overbroad or vague requests invite objections. Be specific about date, time, cameras, and areas.
• Government locations: If the property is government-owned, different public-records rules may apply; procedures vary.
• Medicaid lien: Medicaid typically has a statutory right to be reimbursed from settlements. Track paid charges and respond to lien notices so distribution goes smoothly.

Talk to a Personal Injury Attorney

If you're dealing with a store refusing to share an incident report and you need to preserve video, our firm has experienced attorneys who can help you understand your options and timelines. Reach out 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.