This page was written, edited, reviewed & approved by Justin C. Olsinski following our comprehensive editorial guidelines. Justin C. Olsinski, the Founding Partner, has 16+ years of legal experience as an attorney.
A premises liability claim in North Carolina is a civil case brought against a property owner or occupier whose failure to maintain safe conditions caused a visitor’s injury. Under N.C. Gen. Stat. § 1-52, most premises liability lawsuits must be filed within three years of the date of the injury. North Carolina also follows the strict doctrine of contributory negligence, which can block recovery entirely if the injured person is found even 1% at fault for the incident. That rule makes early, careful case investigation critical. The personal injury attorneys at the Olsinski Law Firm represent people hurt on unsafe property throughout Charlotte, Mecklenburg County, and the greater Charlotte metropolitan area.
Premises liability is the legal principle that holds property owners and occupiers responsible when someone is hurt because of an unsafe condition on their property. The law applies to stores, restaurants, hotels, apartment complexes, office buildings, parking lots, rental homes, and private residences. The key question in almost every case is whether the property owner acted with reasonable care.
What must I prove to win a premises liability case in North Carolina?
To recover compensation in a North Carolina premises liability case, you generally must prove four elements: (1) the property owner owed you a duty of care, (2) the owner breached that duty by allowing a hazardous condition to exist, (3) the breach directly caused your injury, and (4) you suffered actual damages such as medical bills or lost wages. You also must show the owner knew, or reasonably should have known, about the hazard. The Olsinski Law Firm handles these claims throughout Mecklenburg County.
North Carolina courts look closely at who the injured person was and why they were on the property. A customer in a retail store is owed a much higher level of care than someone who wandered onto private land uninvited. The type of visitor, the kind of hazard, and the steps the owner took (or failed to take) all shape how a claim is evaluated.
North Carolina law requires property owners to keep their premises in a reasonably safe condition for lawful visitors. That duty includes regular inspection, timely repair of known hazards, adequate lighting in common areas, and warnings when a dangerous condition cannot be immediately fixed. A “Wet Floor” sign near a freshly mopped aisle is a classic example of an owner meeting this obligation.
The duty is not unlimited. Owners are not expected to guarantee a property is hazard-free, and they are not automatically responsible every time someone is hurt. The question is whether the owner acted reasonably given the circumstances. A grocery store, for example, is expected to inspect its aisles regularly because spills are foreseeable. A private homeowner hosting a guest is held to a slightly different standard but still must warn about known dangers, such as a broken step or an aggressive dog.
When a property owner fails to meet this standard and a visitor is injured, the injured person may have grounds for a claim. Common examples include:
A central issue in most Charlotte premises liability cases is notice. The property owner generally must have known, or should have known, about the dangerous condition before the injury occurred. North Carolina recognizes two types of notice:
Actual notice means the owner was directly aware of the hazard. A store manager who was told about a spilled drink ten minutes before a shopper slipped had actual notice.
Constructive notice means the hazard existed for long enough that a reasonable owner should have discovered it through routine inspection. A puddle that sat on a tile floor for an hour during a busy lunch rush may establish constructive notice, even if no employee saw it.
Proving notice often requires fast action. Surveillance video is routinely overwritten within days or weeks. Witness memories fade. Incident reports can disappear from a manager’s desk. Our attorneys begin investigation quickly: sending preservation letters, requesting video footage, identifying witnesses, and documenting the condition of the property before evidence is lost.
North Carolina is one of only a few states that still follows pure contributory negligence. Under this rule, if the injured person is found to be even slightly at fault for the accident, they can be barred from recovering any compensation at all. Defense lawyers and insurance companies know this, and they use it aggressively in premises liability cases.
How does contributory negligence affect a Charlotte slip and fall case? Under North Carolina’s contributory negligence doctrine, an injured person who is found even 1% responsible for their own injury can be denied all compensation. In a slip and fall case, insurers often argue that the victim was distracted, wearing inappropriate footwear, or ignored a visible warning sign. Overcoming these defenses requires detailed evidence of the property owner’s conduct and the specific conditions at the time of the fall. The Olsinski Law Firm builds each Charlotte premises liability case with this standard in mind.
Common arguments insurers make to shift blame include claims that the hazard was “open and obvious,” that the injured person was looking at a phone, or that warning signs were clearly posted. Each of these arguments can be countered, but it takes organized evidence and experienced handling. Kimberly Olsinski, Esq., worked inside the legal department of a major insurance company before switching to represent injured clients. That background gives our firm a clear view of how insurers build these defenses, and how to dismantle them.
Hurt on someone else’s property in Charlotte? Call the Olsinski Law Firm at 704-405-2580 for a free consultation. We are available 24/7, and we investigate cases quickly to preserve evidence before it is lost.
Our Charlotte premises liability attorneys represent clients across the full range of property-related injury claims. The legal framework above applies to each of the following:
Slip and fall accidents are the most common type of premises liability claim. They often happen because of wet floors, spilled liquids, icy entryways, uneven surfaces, torn carpeting, or poorly lit stairs. These cases turn heavily on notice and contributory negligence.
Falling object injuries occur when merchandise tumbles from a retail shelf, a tool drops from scaffolding, or a ceiling fixture comes loose. Liability often depends on how items were stacked, stored, or secured, and whether the owner followed reasonable safety practices.
Negligent or inadequate security claims arise when a person is attacked, robbed, or assaulted on a property that lacked reasonable security. Apartment complexes, parking garages, hotels, and bars can all face liability when prior incidents made the harm foreseeable and no meaningful precautions were taken.
Swimming pool accidents involve drownings, near-drownings, slip and fall injuries on pool decks, and injuries caused by defective drains or filtration systems. Pool owners in North Carolina owe a particularly high duty of care, especially where children may be present.
Dog bites and animal attacks can be brought as premises liability claims when a property owner failed to restrain or warn about a known dangerous animal.
Fires, burns, and electrical injuries frequently involve building code violations, missing smoke detectors, faulty wiring, or broken sprinkler systems.
Most civil injury lawsuits involving Charlotte-area incidents are filed in Mecklenburg County District Court (for claims of $25,000 or less) or Mecklenburg County Superior Court (for larger claims) at the Mecklenburg County Courthouse on East Fourth Street. Cases involving injuries in neighboring Cabarrus County are filed at the Cabarrus County Courthouse in Concord, where our firm maintains a second office.
Because premises liability defendants are often large commercial property owners, insurance carriers, or out-of-state corporations, these cases can involve complex discovery, expert witnesses, and aggressive defense counsel. One benefit of working with a multi-practice firm is coordinated representation. If your injury also involves a criminal defense matter, such as a negligent security case tied to an assault, or disrupts a family law matter, our team can handle the full scope of the situation rather than passing you between firms.
The Olsinski Law Firm has been representing injured clients across the Charlotte metro since 2011. We are a true multi-practice firm with dedicated personal injury, criminal defense, and family law divisions. Clients whose cases touch more than one practice area receive coordinated representation from one team.
Our personal injury practice is led by Kimberly Olsinski, Esq., a founding partner who brings the rare perspective of having worked inside the legal department of a major insurance company before switching sides. She is a NITA Trial Techniques graduate, an AVVO Client’s Choice recipient, and has been named to the National Trial Lawyers Top 100. She is also a member of the North Carolina Advocates for Justice.
Beyond credentials, our firm has earned more than 300 five-star client reviews. Clients consistently highlight the same qualities: their calls were returned quickly, their questions were answered in plain language, and they were treated with dignity from the first call through the resolution of the case. Those are the things that matter most when you are recovering from an injury.
Under N.C. Gen. Stat. § 1-52, you generally have three years from the date of the injury to file a premises liability lawsuit in North Carolina. Claims against certain government entities may have shorter notice periods. Waiting can also make it harder to gather evidence, because surveillance footage is often deleted, witnesses move away, and physical conditions on the property change. Contacting a Charlotte premises liability lawyer promptly protects your claim.
Liability can extend to the property owner, a business tenant, a property management company, a maintenance contractor, or a security company, depending on who controlled the area where the injury occurred. In a Charlotte apartment complex, for example, both the owner and the management company may share responsibility for negligent security. Identifying every responsible party is a key early step in our investigation.
Injured clients may be able to recover compensation for medical bills, future medical care, lost wages, lost earning capacity, pain and suffering, and emotional distress. In certain cases involving willful or reckless conduct, punitive damages may also be available. The value of any individual case depends on the severity of the injury, the strength of the evidence, and the applicable insurance coverage.
Possibly, but North Carolina’s contributory negligence rule makes this difficult. If the insurance company or a jury finds that you were even 1% responsible for your own injury, you may be barred from recovering anything. That is why detailed investigation and careful case presentation matter so much. Our attorneys evaluate each case honestly and tell you what you are up against.
Civil cases involving Charlotte-area premises liability claims are typically filed at the Mecklenburg County Courthouse in uptown Charlotte. Smaller claims are heard in District Court, and larger claims move to Superior Court. Cases involving injuries in Cabarrus County are handled at the courthouse in Concord, where our second office is located.
If you were injured on someone else’s property in Charlotte, Mecklenburg County, or the surrounding area, the premises liability attorneys at Olsinski Injury, Family & Criminal Lawyers can help. Call our Charlotte office at 704-405-2580 for a free consultation, or contact our Concord office at 704-918-4747. You can also reach us through our contact form. We are available 24/7, and we investigate quickly to preserve evidence before it disappears.
Mr. Olsinski founded his criminal defense practice in Charlotte, NC, in January 2010. He has successfully defended cases ranging from B1 Felony First Degree Sex Offenses/First Degree Murder to Misdemeanor marijuana charges.
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