Do I have a case if my parent slipped on a wet floor at a store and there were no warning signs? – North Carolina

Short Answer

Possibly. In North Carolina, a store can be responsible for a slip-and-fall on a wet floor if the store failed to use reasonable care to keep the premises safe or to warn about a hazard it knew about (or should have found through reasonable inspection). “No warning sign” helps, but it is not the whole case—proof usually turns on how the water got there, how long it was there, what the store did to inspect/clean, and whether the fall could be blamed in part on the injured person.

Understanding the Problem

Under North Carolina premises-liability rules, the decision point is whether a convenience store can be held responsible when a customer’s parent slips on a wet floor inside the store and there were reportedly no warning signs. The key issues are the store’s duty to keep walkways reasonably safe for customers, whether the store had enough notice of the wet condition to fix it or warn about it, and whether the parent’s own actions could be claimed to have contributed to the fall.

Apply the Law

In North Carolina, a customer in a store is generally treated as a lawful visitor, and the store must use reasonable care to maintain the premises in a reasonably safe condition and to warn of hidden dangers the store knows about (or should discover through reasonable inspection). In many wet-floor cases, the practical legal question is “notice”: did the store create the wet condition, actually know about it, or should it have discovered it in time to clean it up or place warnings? Claims are typically handled as a civil personal-injury case in North Carolina state court (Superior Court or District Court, depending on the amount in dispute), and timing often matters because evidence like video and incident reports can disappear quickly.

Key Requirements

• Unsafe condition: A wet floor (or similar condition) that made the walking surface unreasonably slippery in the area where customers are expected to walk.
• Store fault (often proven by “notice”): Evidence the store created the hazard, knew about it, or should have found it through reasonable inspection/cleaning practices in time to address it.
• Causation and damages: Proof the wet floor caused the fall and that the fall caused real injuries and losses (medical care, missed work, and ongoing symptoms).

What the Statutes Say

• N.C. Gen. Stat. § 1-52 (Three-year limitations period for many personal-injury claims) – Many negligence-based injury claims must be filed within three years, though the exact deadline can depend on how the claim is classified.

Analysis

Apply the Rule to the Facts: The reported wet floor inside the convenience store supports the “unsafe condition” element, and the lack of warning signs can support an argument that the store did not adequately warn customers. The make-or-break issue is usually notice: facts like whether an employee spilled something, whether the wet area was tracked in repeatedly, how long it was present, and whether the store had a reasonable inspection/cleanup routine can determine whether the store failed to use reasonable care. The urgent-care visit with imaging, ongoing pain, and work restrictions support the “damages” element, especially if follow-up care documents continuing symptoms.

Process & Timing

1. Who files: The injured parent (or a legal representative if needed). Where: Typically North Carolina state court in the county where the store is located or where the responsible business can be sued. What: A negligence (premises liability) complaint, supported by medical records and evidence of the hazard. When: Often within three years for many personal-injury claims, but evidence collection should start immediately.
2. Early evidence steps: Request preservation of any surveillance video, incident reports, cleaning logs, and employee statements. Identify witnesses and photograph the area (if possible). Time matters because many stores overwrite video on a short cycle.
3. Claim development: Gather medical documentation (urgent care, imaging, work notes, and any orthopedic follow-up) and proof of missed work. The case typically proceeds through insurance investigation, possible settlement talks, and—if needed—litigation with discovery focused on notice and store procedures.

Exceptions & Pitfalls

• Notice problems: If the wet spot appeared moments before the fall and the store had no reasonable chance to find it, the store may argue it acted reasonably even without a warning sign.
• Contributory negligence defenses: North Carolina is known for strict rules on shared fault in negligence cases. Stores often argue the hazard was “open and obvious,” that the person was distracted, or that footwear/behavior contributed. Small factual details can matter.
• Documentation gaps: Delays in treatment, missing follow-up, or incomplete work notes can make it harder to connect the fall to ongoing symptoms. Consistent medical documentation is often critical.
• Recorded statements: Early insurer calls can lock in details about what was seen, where the feet were, and what was noticed. Inconsistent descriptions can hurt a claim.

Conclusion

A slip on a wet convenience-store floor with no warning signs can support a North Carolina premises-liability claim, but the case usually turns on whether the store created the hazard or had enough notice to clean it up or warn about it. Medical records and work restrictions help prove damages, while store video and cleaning/inspection records often prove (or disprove) notice. A key next step is to preserve evidence and, if litigation is needed, file the claim within the applicable deadline (often three years).

Talk to a Real Estate Attorney

If you’re dealing with a store slip-and-fall involving a wet floor and missing warning signs, our firm has experienced attorneys who can help explain the proof issues, timelines, and next steps for preserving evidence. Call us today at [CONTACT NUMBER].

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.