Question 1

Who is responsible if you slip and fall on someone's property in North Carolina?

Accepted Answer

By statute, a possessor of land (owner, lessee or other occupant) owes no duty of care to a trespasser and is not liable for a trespasser's injuries, except when the injury was caused by willful or wanton conduct or intentionally, when the possessor found the trespasser in a position of peril and failed to use ordinary care, or for child trespassers injured by an artificial condition when five listed conditions are met. The duties owed to lawful visitors come from North Carolina court decisions, which were not reviewed for this entry.

Question 2

Who is liable if you trip and fall on a sidewalk in North Carolina?

Accepted Answer

North Carolina cities have general authority and control over public streets, sidewalks, alleys and bridges within city limits, including the duty to keep them in proper repair and open for travel and free from unnecessary obstructions. A city can be sued in tort for injuries only to the extent it has waived governmental immunity by buying liability insurance (or joining a risk pool or designating a funded reserve), and any judgment is limited to the policy limits. The section read does not address the duties of owners of property next to a sidewalk.

Question 3

How long do you have to file a claim against a city or county in North Carolina?

Accepted Answer

Cities and counties in North Carolina are immune from tort suits for governmental functions except to the extent they waive immunity by buying liability insurance, joining a local government risk pool, or adopting a resolution treating a funded reserve as insurance; the waiver extends only to the amount of coverage, and a verdict above policy limits must be reduced to the limit. The city and county sections read do not set a specific statewide notice-of-claim deadline, and the ordinary statute of limitations and any other applicable notice rules still apply. Claims against the State itself go to the Industrial Commission under the State Tort Claims Act (covered separately).

Question 4

Can you recover damages if you were partly at fault in North Carolina?

Accepted Answer

Contributory negligence. North Carolina has not adopted comparative fault; under its common law, a plaintiff whose own negligence contributed to the injury generally cannot recover. By statute, the defendant has the burden of proving contributory negligence. For tort claims against the state, the Industrial Commission may award damages only if there was no contributory negligence by the claimant.

Question 5

What is the statute of limitations for personal injury in North Carolina?

Accepted Answer

Three years. For personal injury, the claim does not accrue until bodily harm becomes apparent or reasonably should have become apparent, but no claim may accrue more than 10 years after the defendant's last act or omission (with limited exceptions).

Slip and fall: property owner's duty	By statute, a possessor of land (owner, lessee or other occupant) owes no duty of care to a trespasser and is not liable for a trespasser's injuries, except when the injury was caused by willful or wanton conduct or intentionally, when the possessor found the trespasser in a position of peril and failed to use ordinary care, or for child trespassers injured by an artificial condition when five listed conditions are met. The duties owed to lawful visitors come from North Carolina court decisions, which were not reviewed for this entry. Source: N.C. Gen. Stat. §§ 38B-2, 38B-3
Sidewalk falls: who is responsible	North Carolina cities have general authority and control over public streets, sidewalks, alleys and bridges within city limits, including the duty to keep them in proper repair and open for travel and free from unnecessary obstructions. A city can be sued in tort for injuries only to the extent it has waived governmental immunity by buying liability insurance (or joining a risk pool or designating a funded reserve), and any judgment is limited to the policy limits. The section read does not address the duties of owners of property next to a sidewalk. Source: N.C. Gen. Stat. §§ 160A-296(a), 160A-485
Claims against a city or county	Cities and counties in North Carolina are immune from tort suits for governmental functions except to the extent they waive immunity by buying liability insurance, joining a local government risk pool, or adopting a resolution treating a funded reserve as insurance; the waiver extends only to the amount of coverage, and a verdict above policy limits must be reduced to the limit. The city and county sections read do not set a specific statewide notice-of-claim deadline, and the ordinary statute of limitations and any other applicable notice rules still apply. Claims against the State itself go to the Industrial Commission under the State Tort Claims Act (covered separately). Source: N.C. Gen. Stat. §§ 160A-485, 153A-435
Fault rule (comparative negligence)	Contributory negligence. North Carolina has not adopted comparative fault; under its common law, a plaintiff whose own negligence contributed to the injury generally cannot recover. By statute, the defendant has the burden of proving contributory negligence. For tort claims against the state, the Industrial Commission may award damages only if there was no contributory negligence by the claimant. Source: N.C. Gen. Stat. §§ 1-139, 143-291(a)
Deadline to sue for an injury	Three years. For personal injury, the claim does not accrue until bodily harm becomes apparent or reasonably should have become apparent, but no claim may accrue more than 10 years after the defendant's last act or omission (with limited exceptions). Source: N.C. Gen. Stat. § 1-52(5), (16)

Slip, Trip and Fall Injuries in North Carolina

More North Carolina personal injury & wrongful death

FAQ