Slip and fall claims: care and next steps in North Carolina

North Carolina imposes a three-year statute of limitations for personal injury claims under N.C. Gen. Stat. § 1-52(16). Claims against North Carolina state agencies are heard in the Industrial Commission under the Tort Claims Act, N.C. Gen. Stat. § 143-291 et seq., with claims filed directly with the Industrial Commission within three years. Claims against local government entities (counties, municipalities) depend on the entity's waiver of governmental immunity through liability insurance, N.C. Gen. Stat. § 153A-435 and § 160A-485. Failure to provide timely notice of claim to a municipality can bar recovery.

North Carolina is one of only four states—along with Alabama, Maryland, and Virginia—that still applies the harsh contributory negligence bar. Under this doctrine, any negligence by the plaintiff, no matter how slight, that contributes to their injury completely bars recovery. There is no proportional reduction of damages; the plaintiff receives nothing if found even 1% at fault. This makes plaintiff-side slip-and-fall litigation in North Carolina substantially more difficult than in comparative fault states, and it places extraordinary importance on establishing the plaintiff's reasonable conduct and the absence of any contributory negligence.

The contributory negligence doctrine in North Carolina is tempered only by the last clear chance doctrine, which allows a plaintiff to recover if the defendant had a last opportunity to avoid the harm and failed to do so, even after the plaintiff's contributory negligence. North Carolina also recognizes the sudden emergency and no time to think doctrines that may negate contributory negligence in certain rapid-onset hazard situations. Given the all-or-nothing stakes, defense counsel routinely seek evidence of any plaintiff inattentiveness, inappropriate footwear, or prior knowledge of the hazard.