What Counts as ‘Reasonable Care’ in NC Premises Liability Cases?

You walked into a grocery store expecting nothing more dangerous than picking ripe avocados. A few seconds later, you’re on the floor, hip throbbing, because a puddle of melted ice cream wasn’t cleaned up. Now the store says the fall is your fault.

North Carolina law says property owners owe lawful visitors reasonable care–an obligation that sounds simple but becomes painfully complicated once insurance adjusters get involved. Understanding what “reasonable” means can decide whether you recover for all of your losses, bills, or walk away bearing every cost yourself.

Below we unpack the legal standard, show how courts apply it in slip and fall and negligent security cases, and explain what you—as an injured guest or customer—can do to strengthen your claim before time and evidence start slipping away.

Why reasonable care matters in North Carolina

Until 1998, injured North Carolinians had to prove they were an “invitee,” not merely a “licensee,” to trigger the strongest duty of care. Then the state Supreme Court tossed that old duty of care maze in Nelson v. Freeland and declared one duty for all lawful visitors: reasonable care.

Reasonable care means taking all practical steps a prudent person would take to spot dangers, fix them, or warn visitors in time. Owners aren’t insurers of perfect safety, but they must act like adults who know that wet floors, broken stairs, or dim parking lots can hurt people.

Trespassers still get only minimal protection. Yet shoppers, tenants, and social guests all fall under the same protective umbrella. That single rule is supposed to let juries focus on one question: did the owner behave the way an ordinary, careful person would have behaved under similar circumstances?

Key factors courts weigh

Courts rarely announce, “This is reasonable.” Instead, they dissect the facts. In a premises liability case, judges and juries may sort evidence into four buckets: foreseeability, knowledge, inspection, and speed of response. Miss one, and a claim that seemed strong can collapse. This approach is not a statutory formality; it’s just common practice.

Foreseeability asks whether the injury was a predictable result of the condition. A convenience store that stays open all night in a high‑crime neighborhood should foresee assaults if the lighting is broken and the cameras are fake. The darker and more notorious the area, the higher the owner’s vigilance must be.

Knowledge means what the owner actually knew or reasonably should have known. Employees who mopped an aisle ten minutes earlier knew the floor was slippery. A manager who never walks the sales floor “should have known” about spilled motor oil spreading toward customers.

Inspection refers to how often staff look for problems. High‑traffic businesses—think supermarkets or malls—must check aisles, escalators, and restrooms on a tighter schedule than a seldom‑used office hallway. Written inspection logs or video footage often make or break a premises liability lawsuit.

Finally, response time matters. Removing a tripping hazard within minutes shows responsibility; leaving the hazard untouched for hours, or posting no warning sign at all, paints a picture of neglect. In negligent security cases, ignoring repeated police calls can show unreasonable delay even before an attack occurs.

Examples of reasonable and unreasonable care

Slip and fall: A grocery clerk spots a grape spill, blocks the aisle with shopping carts, places a wet floor sign, and cleans the mess within five minutes. That is reasonable care. The same spill left unmarked while employees stock shelves for an hour? That scenario is more likely to constitute negligence.

Snow and ice: Landlords can’t change the weather, but they can salt entryways, keep shovels handy, and place mats indoors. When snow has fallen all night, waiting two days to clear the stairs invites lawsuits.

Negligent security: A bar’s parking lot has seen several assaults over six months. Installing brighter lights and hiring a guard after midnight is inexpensive. If management does nothing and a patron is beaten, a jury can find they failed to exercise reasonable care, even though attackers caused the harm.

Defective stairwells: Building codes require sturdy railings and uniform riser heights. An owner who ignores code violations after repeated tenant complaints will struggle to argue ignorance. When a visitor trips, broken codes become evidence that the owner already knew danger existed.

How contributory negligence can torpedo your claim

North Carolina clings to a harsh contributory negligence rule that states that if you are partly at fault, you recover nothing. Defense lawyers love to argue you weren’t watching where you walked, ignored warning signs, or entered a roped‑off area.

The best counter is evidence showing you behaved normally—wearing ordinary shoes, following marked paths, and avoiding obvious hazards. Statements from witnesses, security footage, or incident reports can defuse the blame game and keep the focus where it belongs: on the owner’s unreasonable conduct.

Because contributory negligence is an all‑or‑nothing defense, consulting an experienced premises liability lawyer early is critical. A seasoned attorney knows how to anticipate defense arguments and gather the proof required to overcome them before memories fade or camera footage disappears.

Steps to take after an injury on someone else’s property

Report the incident immediately, even if employees seem busy. Ask for a copy of a written report before you leave. This creates a paper trail the defense can’t deny later.

Photograph the hazard, your injuries, and any warning signs—or lack thereof—before conditions change. Cell‑phone pictures taken seconds after a fall often carry more weight than expert testimony months down the road.

Collect witness names and phone numbers. Independent shoppers have no stake in your case and can confirm puddles, broken bulbs, or aggressive patrons that the property owner missed. Courts take their neutral voices seriously.

Seek medical care right away and follow the doctor’s orders. A gap between the accident and treatment gives insurers ammunition to say you weren’t hurt on the premises. Invoices, X‑rays, and therapy notes also help your premises liability lawyers quantify damages.

Let Price Petho & Associates help

Price Petho & Associates has spent more than four decades holding negligent North Carolina property owners accountable. From offices in Charlotte, Rockingham, and Rutherfordton, their trial‑tested team investigates hazards quickly and negotiates from a position of strength.

If you or someone you love suffered an injury because an owner failed to provide basic, reasonable care, schedule a free consultation today. A dedicated premises liability lawyer will review the facts, explain your options, and fight to secure the full compensation you need to heal and move forward.