Sidewalk injuries happen quickly. One uneven crack, a raised edge or a slippery surface in front of a business can cause serious harm. If that happened to you in North Carolina, who is responsible is not always obvious.
Cities are generally responsible for maintaining public sidewalks, not the businesses beside them. However, local rules in Raleigh and other North Carolina cities can shift some of that responsibility to nearby property owners, and businesses may face liability in certain circumstances.
When a business can be held liable for a sidewalk injury
Businesses can be held liable when they created or contributed to the hazard. Common examples include:
- Vehicles regularly driving over the sidewalk and causing it to crack
- Objects, merchandise or signage placed on the sidewalk creating a tripping hazard
- Spilled substances left unaddressed
Businesses also owe a duty to keep the area reasonably safe for customers and other visitors.
How North Carolina’s fault rule can affect your claim
North Carolina is one of only a handful of states where any fault on your part can prevent you from recovering any compensation. If a business argues you were distracted, wore unsuitable footwear, or failed to notice an obvious hazard, it could eliminate your claim entirely.
There is no percentage reduction as in most states. Narrow exceptions apply when the business acted recklessly or intentionally, but this rule remains one of the most significant challenges in any North Carolina personal injury case.
What to do after a sidewalk injury in North Carolina
To protect your potential claim, photograph the hazard and your injuries before the scene changes. Report the incident to the business, request a written incident report, gather witness contact information and seek medical attention promptly.
North Carolina gives you three years from the date of your injury to file a personal injury claim against a private business. However, if the city is responsible, you may have as little as 30 days to notify the city in writing of your intent to file a claim before the window closes. Speaking quickly with a personal injury attorney can help you avoid missing that critical deadline.