1. What Is Premises Liability?

2. Duty of Care in North Carolina

3. Invitees, Licensees & Trespassers

4. Types of Premises Liability Cases We Handle

5. North Carolina Premises Liability Law

6. Proving Property Owner Negligence

7. Who Can Be Held Liable?

8. Statute of Limitations & Filing Deadlines

9. Damages and Compensation

10. Common Defenses Property Owners Use

11. The Premises Liability Claims Process

12. What to Do After a Property Injury

13. Your Charlotte Premises Liability Attorneys

14. Why Choose Our Charlotte Premises Liability Attorneys

15. Frequently Asked Questions

16. Contact Our Charlotte Premises Liability Lawyers

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Invitees (Highest Protection)

Persons who enter the property for the mutual benefit of both the visitor and the owner — typically customers, clients, patients, and delivery personnel.

Duty owed: Property owner must actively inspect for hazards, correct known and discoverable dangers, and warn of hidden risks. This is the highest level of care under NC law.

Example: A customer in a Charlotte grocery store slips on a spill that went uncleaned for 45 minutes despite the store’s inspection policy.

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Licensees (Moderate Protection)

Persons who enter with the owner’s express or implied permission but primarily for their own purpose — typically social guests, door-to-door solicitors, and uninvited but tolerated visitors.

Duty owed: Property owner must warn of known hidden dangers but is not required to actively inspect for unknown hazards.

Example: A dinner guest falls down unlit stairs because the homeowner knew the hallway light was broken but didn’t mention it.

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Trespassers (Limited Protection)

Persons who enter property without permission or legal right. Generally receive the least legal protection.

Duty owed: Property owner must refrain from willful, wanton, or intentional injury. The attractive nuisance doctrine creates an important exception for child trespassers.

Exception: A 7-year-old drowns in an unfenced backyard pool — the property owner may be liable under the attractive nuisance doctrine despite the child’s trespasser status.

🏪 Commercial Properties

• Grocery stores & supermarkets
• Shopping malls & retail stores
• Restaurants & bars
• Office buildings
• Parking garages & lots
• Banks & financial institutions

🏠 Residential Properties

• Apartment complexes
• Condominiums & HOA properties
• Rental homes
• Private residences
• Nursing homes & assisted living
• Airbnb & vacation rentals

🏛️ Public & Government Properties

• City sidewalks & roads
• Public parks & recreation centers
• Schools & universities
• Government buildings
• Public transportation facilities
• Hospitals & medical facilities

1️⃣ Duty of Care

The property owner owed you a duty of care based on your legal status as an invitee, licensee, or trespasser. For commercial properties, this typically means the highest duty — actively inspecting for and correcting hazards.

2️⃣ Breach of Duty

The property owner failed to meet their duty of care — by failing to inspect, failing to repair a known hazard, failing to warn of hidden dangers, or failing to maintain the property in a reasonably safe condition.

3️⃣ Causation

The property owner’s breach of duty was the direct and proximate cause of your injury. You must show a direct connection between the unsafe condition and the harm you suffered — not just that you were injured on the property.

4️⃣ Damages

You suffered actual, compensable damages as a result of the injury — medical expenses, lost wages, pain and suffering, or other measurable losses. Without demonstrable damages, there is no compensable claim.

⚔️ Contributory Negligence

The most powerful defense in North Carolina. The property owner argues you were even slightly at fault — you were texting while walking, wearing inappropriate footwear, or ignored a warning sign. Even 1% fault bars all recovery under NC law.

⚔️ Open and Obvious Danger

The property owner claims the hazard was so obvious that any reasonable person would have seen and avoided it — a visible puddle, clearly broken step, or well-lit construction zone. This defense can overlap with contributory negligence.

⚔️ No Actual or Constructive Notice

The property owner claims they did not know about the hazardous condition and could not reasonably have been expected to discover it through routine inspections.

⚔️ Assumption of Risk

The property owner claims you voluntarily accepted the risk of injury — particularly common in recreational activities like swimming, gym workouts, or amusement park rides where waivers may have been signed.

⚔️ Trespasser Status

The property owner argues you had no legal right to be on the property, which significantly reduces or eliminates their duty of care (except for child trespassers under the attractive nuisance doctrine).

⚔️ Statute of Limitations Expired

The property owner argues your claim was filed after the applicable deadline, permanently barring recovery regardless of the strength of your claim.

Steve Hayes, J.D.

Senior Trial Attorney & Founding Partner

NC Bar #18224 | Focus: Premises Liability, Personal Injury, Insurance Bad Faith

Education: Juris Doctor — University of North Carolina at Chapel Hill, Bachelor of Arts — Wake Forest University

Memberships: North Carolina Bar Association, Mecklenburg County Bar Association, North Carolina Advocates for Justice, American Association for Justice

Cameron Bauer, J.D.

Trial Attorney

NC Bar #63306 | Focus: Premises Liability, Wrongful Death, Civil Litigation

Education: Juris Doctor — Charlotte School of Law, Bachelor of Science, Criminal Justice — University of North Carolina at Charlotte

Memberships: North Carolina Bar Association, Mecklenburg County Bar Association, North Carolina Advocates for Justice

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34+ Years of Experience

Representing Charlotte injury victims since 1991. Our deep knowledge of NC premises liability law and local court procedures gives our clients a critical advantage.

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No Fee Unless We Win

100% contingency fee representation. You pay nothing unless we recover compensation for your injuries. We advance all case costs.

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Proven Track Record

Recognized by Super Lawyers, National Trial Lawyers Top 100, and AV Preeminent rating from Martindale-Hubbell for our litigation excellence.

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Thorough Investigation

We act quickly to preserve surveillance footage, inspect accident scenes, obtain maintenance records, and secure witness testimony before evidence disappears.

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5 Charlotte Locations

Conveniently located offices throughout the Charlotte metro area: South Charlotte, Downtown, University City, Steele Creek, and North Charlotte.

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Personal Attention

You work directly with experienced attorneys — not paralegals or case managers. We keep you informed at every stage and are always available to answer your questions.

Premises liability is the area of law that holds property owners and occupiers responsible for injuries that occur on their property due to dangerous conditions. In North Carolina, property owners owe different duties of care depending on the visitor’s legal status — invitees (such as store customers) receive the highest protection, licensees (social guests) receive moderate protection, and trespassers generally receive the least protection. However, special rules apply to child trespassers under the attractive nuisance doctrine.

North Carolina is one of only four states that follows the pure contributory negligence doctrine. Under N.C. Gen. Stat. §.

North Carolina law recognizes three categories of visitors, each with different duty-of-care requirements. For invitees (business customers, tenants, delivery personnel), property owners must inspect the premises for hazards, correct known dangers, and warn of hidden risks. For licensees (social guests, visiting friends), owners must warn of known hazards that are not obvious. For trespassers, owners generally must only refrain from willful or wanton injury — except for child trespassers under the attractive nuisance doctrine, which imposes a heightened duty.

Premises liability covers a wide range of property-related injuries, including slip and fall accidents on wet floors or uneven surfaces, trip and fall accidents on broken sidewalks or stairs, swimming pool drownings and near-drownings, negligent security leading to assault or robbery, elevator and escalator malfunctions, falling merchandise or ceiling components, toxic mold or chemical exposure, amusement park and recreational injuries, dog bites on another’s property, inadequate lighting causing injuries, parking lot accidents caused by poor maintenance, and construction site injuries to non-workers.

Under N.C. Gen. Stat. § 1-52(16), the statute of limitations for most premises liability claims is three years from the date of the injury. For wrongful death cases arising from premises liability, the statute is two years from the date of death under N.C. Gen. Stat. § 1-53(4). Government entity claims have shorter notice requirements — typically 12 months — under the North Carolina Tort Claims Act. Missing these deadlines generally bars recovery entirely.

You may have a claim if the property owner knew or should have known about the hazardous condition and failed to correct it or warn you. Key factors include how long the dangerous condition existed, whether regular inspections were conducted, whether warning signs or barriers were present, and whether your actions contributed to the fall. North Carolina’s contributory negligence rule means the property owner’s insurance company will investigate whether you bear any responsibility, making documentation immediately after the fall critical.

Recoverable damages include economic damages (medical expenses — past, present, and future — lost wages, loss of earning capacity, property damage, home modification costs, and rehabilitation expenses), non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium), and in cases involving willful or wanton negligence, punitive damages under N.C. Gen. Stat. § 1D-15 designed to punish the property owner’s egregious conduct.

First, seek immediate medical attention, even if injuries seem minor — many premises liability injuries like traumatic brain injuries have delayed symptoms. Second, report the incident to the property owner or manager and request a written incident report. Third, document everything: photograph the hazardous condition, your injuries, the surrounding area, and any lack of warning signs. Fourth, collect names and contact information of witnesses. Fifth, preserve your clothing and footwear. Sixth, do not provide recorded statements to insurance companies. Finally, contact a premises liability attorney before the evidence is cleaned up or surveillance footage is overwritten.

Yes, but claims against government entities follow different rules under the North Carolina Tort Claims Act (N.C. Gen. Stat. § 143-291). You must file with the North Carolina Industrial Commission rather than regular courts, and there are shorter notice requirements. Sovereign immunity protections cap certain damages, and the process includes additional administrative steps. A Charlotte premises liability attorney experienced with government claims can navigate these procedural requirements and preserve your rights.

Liability depends on who controlled the dangerous condition. Landlords are typically responsible for injuries in common areas (hallways, parking lots, pools, stairs), structural defects, hazards they knew about before or during the lease, building code violations, and conditions they were notified about but failed to repair. Tenants may be responsible for hazards they created, conditions within their exclusive control, and dangers introduced after move-in. In many cases, both landlord and tenant may share responsibility.

The attractive nuisance doctrine is a legal principle that holds property owners to a heightened duty of care regarding conditions that may attract children — such as swimming pools, trampolines, construction sites, or abandoned vehicles. Even though children may technically be trespassers, if the property owner knew or should have known that children were likely to enter the property and could be harmed by an unfenced or unsecured condition, the owner may be liable for resulting injuries. North Carolina courts have applied this doctrine in cases involving unfenced pools, abandoned machinery, and other hazardous conditions accessible to children.

Commercial property owners owe the highest duty of care to their customers, who are classified as invitees under North Carolina law. This means they must regularly inspect premises for hazards, promptly clean up spills and fix broken equipment, maintain adequate lighting and security, keep walkways, aisles, and exits clear, and warn customers of any known dangers that cannot be immediately corrected. When a commercial property fails these duties and a customer is injured, the business and potentially its property management company can be held liable.

While not legally required, premises liability cases in North Carolina are particularly complex due to the contributory negligence rule, which insurance companies aggressively use to deny claims. A premises liability attorney can preserve critical evidence before it disappears, investigate the property owner’s maintenance and inspection history, counter contributory negligence defenses, identify all liable parties (property owners, managers, maintenance companies, tenants), calculate the full value of your claim including future damages, and negotiate with insurance companies who routinely undervalue premises claims.

Constructive notice means the property owner should have known about a dangerous condition even if they did not actually know about it. If a hazard existed for a sufficient period that a reasonable property owner conducting routine inspections would have discovered it, the owner is considered to have had constructive notice. For example, if a grocery store has a policy of inspecting aisles every 30 minutes but a spill existed for over an hour, the store had constructive notice of the hazard. Proving constructive notice often requires evidence of the property owner’s inspection schedules, maintenance logs, and the duration the hazard existed before the injury.