Can You Sue After Falling Down Stairs in North Carolina?
Yes, in North Carolina, you may have grounds to file a personal injury claim if you fell down a flight of stairs due to unsafe or defective conditions. Whether your claim succeeds depends on several critical factors, including the property owner’s duty to maintain safe premises, the foreseeability of the hazard, and whether contributory negligence might bar recovery. A detailed investigation of the maintenance history and compliance with building codes, such as proper rise and run dimensions, is often essential.
At Rhine Law Firm, P.C., we know injuries from a stairway fall can bring medical bills, lost wages, physical pain, and emotional distress. Our personal injury lawyers are committed to helping you protect your right to recover compensation for your losses. Schedule a free consultation today.
“Every fall we handle has a real story behind it — people whose lives have been turned upside down in an instant. Beyond the legal process, we focus on listening and understanding what each client is going through. That personal insight helps us fight harder for the results they truly need to get their lives back on track.”
Understanding Premises Liability in North Carolina
Most stair-related falls are analyzed under premises liability law, which governs injuries caused by unsafe or defective conditions on another person’s property. Under this doctrine, property owners and occupiers owe a duty of care to maintain their premises in a reasonably safe condition. The scope of that duty depends on the injured person’s legal status on the property at the time of the incident.
In North Carolina, invitees, such as customers, clients, or others present for the owner’s business purposes, are owed the highest duty of care, including reasonable inspections, maintenance, and warnings of known reasonably discoverable hazards. Licensees, such as social guests, are owed a duty to warn of known dangers that are not open and obvious. Trespassers are generally owed the least duty, typically limited to refraining from willful conduct that would cause injury.
Finally, tenants injured in common areas of a rental property, such as stairwells, may pursue claims under premises liability, as landlords have a legal duty to maintain those areas in a reasonably safe condition.
What You Need to Prove in a Premises Liability Case
To establish that a property owner violated their duty of care to a lawful visitor in North Carolina, the plaintiff must prove the following:
- The plaintiff was injured as a result of a dangerous condition or defect on property owned or controlled by the defendant; and
- The injury was proximately caused by the defendant’s failure to:
a) Maintain the premises in a reasonably safe condition, and
b) Warn of hidden dangers that the defendant knew about or should have discovered through the exercise of reasonable care or inspection.
Understanding these nuances can make a significant difference in pursuing a personal injury claim in North Carolina.
I Was Partially at Fault. Do I Still Have a Claim?
North Carolina follows the strict doctrine of contributory negligence, which means that if you are found to be even slightly at fault for your fall, you may be barred from recovering any compensation.
The law requires that an injured person exercise the same care an ordinarily prudent person would have under similar circumstances. If the hazard was open and obvious, or if you were distracted and failed to take reasonable precautions, the defense may argue that you contributed to your own injury.
To overcome a contributory negligence defense, it’s critical to carefully examine the specific facts of your case and compare them to prior North Carolina rulings on similar conditions and injuries. At Rhine Law Firm, we draw on legal precedent and a thorough factual investigation to evaluate whether your claim can succeed.
Evidence That Can Support Your Case
Key evidence may include the following:
- Photographs of the stairway, the specific hazard, and the surrounding area
- Surveillance footage, if available, showing how the incident occurred or how long the hazard had existed
- Witness statements from individuals who observed the fall or were familiar with the unsafe condition
- Maintenance logs or service records indicating whether the property owner was aware of the hazard or took steps to address it.
- Building code violations or previous reports identifying unsafe stair design, such as improper rise and run measurements
- Medical records documenting the extent of your injuries and treatment received.
At Rhine Law Firm, we use this evidence to show that the hazard was foreseeable, preventable, or insufficiently addressed by the property owner.
Who Can Be Held Liable for Falls on Stairs in North Carolina?
Liability for a stair-related fall in North Carolina depends on who had control over the property and what duty of care they owed to the injured person.
Potentially liable parties may include:
- Property owners or landlords responsible for maintaining common areas
- Business owners or operators, if the fall occurred in a commercial setting
- Contractors or maintenance providers, if faulty construction or negligent repairs created or failed to correct the hazard
Potential Compensation
If you are injured falling down stairs, you may be entitled to compensation for a range of damages. These may include medical expenses, lost wages, pain and suffering, and, in some cases, long-term rehabilitation or future care costs.
Schedule a Free Consultation
Falling down stairs in North Carolina may be grounds for a legal claim, but each case is unique. At Rhine Law Firm, we conduct thorough investigations, gather critical evidence, and apply North Carolina’s premises liability law to determine whether a property owner or other party can be held legally responsible for your injuries. Contact us today to schedule a free consultation.
About Us
Rhine Law Firm, P.C. serves clients throughout North Carolina and nationwide, specializing in complex civil litigation led by Joel Rhine. With expertise in personal injury, car accidents, property damage, sex abuse, and more, the firm is passionate about taking on challenging cases. They emphasize providing personalized legal representation, prioritizing their clients’ best interests while offering state-of-the-art legal strategies. Rhine Law Firm’s dedicated attorneys enjoy the fight for justice and are committed to guiding clients through complicated legal processes. The firm offers free consultations, flexible appointment scheduling, and Spanish language services.
