Jan282026
Real Estate Q&A Series

How long do we have to take action after a slip-and-fall injury at a business? – North Carolina

Short Answer

In North Carolina, most slip-and-fall injury claims against a private business must be filed in court within three years of the injury (or when the injury becomes apparent). Waiting too long can permanently bar the claim, even if the store had no warning signs. If the fall happened on government property or involved a government entity, different rules and a different forum may apply, so the timeline should be checked right away.

Understanding the Problem

In North Carolina, how long is the time limit to take action after a person slips and falls inside a business and gets hurt? The decision point is whether the claim is still within the legal deadline to start a lawsuit (or, in some situations, to file a claim in the correct government forum). The question focuses on timing after a fall in a store setting, where a hazard like a wet floor may have caused injuries that lead to medical visits and time out of work.

Apply the Law

Most slip-and-fall cases are handled as negligence (premises liability) claims. In North Carolina, the usual deadline to file a personal injury lawsuit is three years. The clock generally starts on the date of the fall, but North Carolina law also recognizes that, for many personal injury claims, accrual can be tied to when the bodily harm becomes apparent or reasonably should have become apparent. The typical forum for a claim against a private business is the North Carolina District Court or Superior Court in the county where the incident happened or where the defendant does business.

Key Requirements

  • File within the limitations period: The lawsuit must be started before the deadline expires, or the court can dismiss it as time-barred.
  • Use the correct forum for the defendant: A private store is usually sued in state court, but claims against the State of North Carolina are typically filed with the Industrial Commission under the Tort Claims Act.
  • Act early enough to preserve proof: Even if the deadline is years away, delay can make it harder to prove what happened because video, incident reports, and witness memories can disappear.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a slip-and-fall inside a convenience store with a wet floor and no warning signs, followed by urgent care the next day and ongoing pain. In a typical claim against a private business, the main timing rule is that the lawsuit must be filed within three years of the injury (or when the injury became apparent). Because medical care happened right away and symptoms are ongoing, the injury would usually be considered apparent close in time to the fall, so waiting beyond three years would likely risk losing the claim.

Even when the legal deadline is measured in years, early action matters in slip-and-fall cases because key evidence can be short-lived. Store surveillance video may be overwritten, incident reports may be harder to obtain later, and witnesses may become difficult to locate. Early documentation also helps connect the fall to the wrist and leg injuries and to any work restrictions.

Process & Timing

  1. Who files: The injured person (or a legal representative if needed). Where: Typically North Carolina state court (District Court or Superior Court) in the county tied to the incident/defendant. What: A civil Complaint and Summons (and proper service of process). When: Generally within three years of the injury/when bodily harm became apparent.
  2. Early evidence steps: Request or preserve incident documentation, identify witnesses, and gather medical records and work-status notes. These steps often happen well before filing suit and can affect whether the claim can be proven later.
  3. Resolution path: The claim may resolve through insurance negotiations, mediation, or litigation. If it does not resolve, the case proceeds through discovery and court scheduling, which can vary by county.

Exceptions & Pitfalls

  • Wrong defendant or wrong forum: If the fall involved a State agency or State property, the claim may need to be filed with the North Carolina Industrial Commission rather than in county court, and missing that filing can be fatal.
  • Waiting for symptoms to “settle”: Ongoing pain and follow-up care do not pause the statute of limitations. Treatment can continue while the claim is investigated, but the filing deadline still controls.
  • Evidence loss: Delay can lead to missing surveillance footage, cleaning logs, or witness information. A strong case can weaken if proof disappears, even if the lawsuit is filed on time.

Conclusion

In North Carolina, most slip-and-fall injury claims against a private business must be started within three years of the injury (or when the bodily harm became apparent). Claims involving government defendants can follow different procedures and may require filing in a different forum. The most important next step is to calendar the three-year deadline and file a civil complaint in the proper North Carolina forum before that date.

Talk to a Real Estate Attorney

If a slip-and-fall at a business caused injuries and there is concern about deadlines, evidence, or whether a government entity is involved, our firm has experienced attorneys who can help explain options and timelines. Call us 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.

Category: Real Estate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.