Aug262025
Probate Q&A Series

Who is liable for damage caused by a falling tree limb on public campus property? – North Carolina

Short Answer

In North Carolina, damage from a falling tree limb on a state university’s property is typically pursued under the North Carolina Tort Claims Act against the State, not in regular court. You must prove the State’s negligence (for example, that campus personnel knew or should have known the tree was hazardous and failed to act) and file the claim with the N.C. Industrial Commission within the applicable time limit. North Carolina’s contributory negligence rule can bar recovery if you were also negligent. Separately, a repair shop may hold your car under a mechanic’s lien, but unauthorized repairs can be disputed.

Understanding the Problem

In North Carolina, can you hold a state university responsible for your car damage when a large tree limb fell while you were stopped at a campus traffic light? The core issue is whether the State is liable for property damage on campus and, if so, how to make the claim and resolve the immediate problem of a body shop holding your vehicle.

Apply the Law

Claims for property damage caused by alleged negligence of a North Carolina state university are brought under the North Carolina Tort Claims Act before the N.C. Industrial Commission. The claimant must prove ordinary negligence: a legal duty, breach of that duty, and that the breach proximately caused the damage. For premises conditions like trees, the duty centers on reasonable inspection and maintenance, and liability generally requires the State had actual or constructive notice of a dangerous condition and failed to correct it or warn. North Carolina follows contributory negligence: if the claimant’s own negligence contributed to the damage, recovery may be barred. The forum is the N.C. Industrial Commission, not the local trial court, and deadlines apply (property-damage claims are generally subject to a three‑year filing period, while procedures and caps can change).

Key Requirements

  • State entity: The defendant is a North Carolina state agency or institution (e.g., a state university), so the Tort Claims Act applies and the Industrial Commission has jurisdiction.
  • Negligence: Show duty, breach, and causation. For trees, this typically means proving the university knew or should have known a limb or tree was hazardous and failed to act reasonably.
  • Damages: Prove the amount of your property loss with estimates, invoices, photos, and related documentation.
  • Forum and procedure: File with the N.C. Industrial Commission, not in Superior Court; the Attorney General’s Office usually defends State agencies.
  • Timeliness: File within the applicable limitations period (generally three years for property damage), noting procedures and limits can change.
  • No contributory negligence: Your own negligence, if any, can bar recovery.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Because the incident happened on a state university campus, your claim runs through the Tort Claims Act at the N.C. Industrial Commission. You would need evidence that campus personnel knew or reasonably should have known the limb or tree was hazardous (e.g., dead limbs, prior complaints, work orders) and failed to act, and that this failure caused your car damage. Keep in mind North Carolina’s contributory negligence rule; if you ignored posted warnings or barriers, recovery could be at risk.

Process & Timing

  1. Who files: The vehicle owner. Where: North Carolina Industrial Commission, Tort Claims Section. What: A tort claim under the Tort Claims Act with supporting evidence (photos, repair estimates, witness statements, weather reports, campus maintenance records). When: File as soon as possible; property-damage claims are generally subject to a three-year deadline from the incident.
  2. After filing, the Attorney General’s Office typically responds for the university. The Industrial Commission may set discovery and a hearing before a Deputy Commissioner; scheduling often takes months and can vary.
  3. The Deputy Commissioner issues a decision. Parties may appeal to the Full Commission. If liability is found, the Commission will award damages consistent with statutory limits and proof submitted.

Exceptions & Pitfalls

  • Act-of-God events: A sudden, unforeseeable storm may defeat liability absent prior notice of a hazardous tree condition. Maintenance records and prior complaints matter.
  • Wrong forum: Filing only with the university or in regular court does not preserve a Tort Claims Act case. File with the Industrial Commission.
  • Contributory negligence: Any negligence on your part can bar recovery. Follow posted warnings and document the scene.
  • Contractors: If a private tree contractor’s work caused the hazard, you may also need to consider a separate civil claim against the contractor in Superior Court.
  • Repair shop lien: A shop can hold your car for authorized repair and storage charges under a possessory lien. Dispute unauthorized work promptly in writing, request an itemized invoice, and consider paying under protest to mitigate storage fees while you pursue remedies. The shop must follow statutory notice steps before any lien sale.

Conclusion

In North Carolina, claims for damage from a falling tree limb on a public university campus are brought against the State under the Tort Claims Act, and you must prove negligence, including that the university knew or should have known of a hazardous tree condition and failed to act. File your claim with the N.C. Industrial Commission, generally within three years. Meanwhile, address any mechanic’s-lien hold by obtaining an itemized bill, disputing unauthorized charges, and acting quickly to limit storage fees.

Talk to a Other Legal Matters Attorney

If you’re dealing with campus property damage and a repair shop holding your car, our firm can help you navigate the Industrial Commission process and protect your rights with the shop. Call us today to discuss your options and timelines.

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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.