You walked into a store, stepped onto someone’s property, or visited a rental home expecting a safe environment. Instead, you got hurt. Now you’re dealing with medical bills, missed work, and pain that shouldn’t be yours to carry. At Horton & Mendez Injury and Accident Attorneys, we’ve recovered over $80M for injured clients across North Carolina. We know how property owners and their insurance companies try to dodge responsibility, because our managing partners used to work for them. Call 910-405-7751 for a free consultation. No fee unless we win.
Why Horton & Mendez for your premises liability case
We know their playbook
Our managing partners are former insurance defense attorneys who represented property owners and their insurers. We know exactly how the other side evaluates premises liability claims, what arguments they’ll raise, and how they try to minimize what you’re owed. Now we use that insider knowledge to fight for you.
We anticipate the contributory negligence defense
North Carolina follows the doctrine of pure contributory negligence, which bars recovery if you’re even partially at fault (even as little as 1%). Insurance companies know this and will look for any reason to blame you for your own injuries. We build cases from day one that anticipate and counter these arguments, protecting your right to recover compensation.
With nine offices across North Carolina, from Wilmington to Asheville, we’re accessible no matter where your injury happened. Our team of seven attorneys, led by managing partners who are former insurance defense lawyers, brings 65+ years of combined experience to every premises liability case we handle.
Ready to find out if you have a case? Call 910-405-7751 for a free, no-obligation consultation.
Common premises liability cases we handle
Premises liability covers a wide range of situations where a property owner’s negligence leads to injury. Here are some of the most common cases we see across North Carolina.
Slip-and-fall accidents
Wet floors without warning signs, untreated icy sidewalks, uneven pavement, and poorly maintained walkways. These are preventable hazards that property owners are duty-bound to address. Grocery stores, restaurants, office buildings, and retail spaces are frequent locations for these injuries.
Unsafe property conditions
Broken staircases, missing handrails, insufficient lighting, and structural defects create hidden dangers for anyone on the property. These conditions often exist because a property owner cut corners on maintenance or ignored known hazards.
Vacation rental injuries
North Carolina’s coast and mountains draw millions of visitors each year, and many stay in rental properties booked through platforms such as Airbnb or Vrbo. Rotting deck boards, faulty pool equipment, and missing safety features cause serious injuries. We have particular experience holding vacation rental property owners and booking platforms accountable when their negligence injures guests.
Negligent security
Property owners who fail to provide adequate security in parking garages, apartment complexes, and commercial properties can be held liable when that failure leads to assaults or other foreseeable criminal acts.
Dog bites and animal attacks
When a property owner knows a dangerous animal is on their premises and fails to warn visitors or take precautions, they can face premises liability claims for resulting injuries.
Call 910-405-7751 today to discuss your situation. Your consultation is completely free.
North Carolina premises liability law: what you need to know
The duty of reasonable care
The NC Supreme Court eliminated the distinction between licensees and invitees by requiring a standard of reasonable care toward all lawful visitors. This landmark ruling in *Nelson v. Freeland*, 349 N.C. 615, 507 S.E.2d 882 (1998), simplified the law of premises liability in North Carolina. Under this standard, owners and occupiers of land have a duty to exercise reasonable care in maintaining their premises to protect lawful visitors. Reasonable care requires that the landowner not unnecessarily expose a lawful visitor to danger and give warning of hidden hazards of which the landowner has express or implied knowledge.
In plain terms, if you were lawfully on someone’s property and got hurt because of a hazard the owner knew about (or should have known about), you may have a valid claim.
Contributory negligence: NC’s strict fault rule
This is where North Carolina premises liability cases get complicated. In a jurisdiction that follows contributory negligence, a plaintiff who is at all negligent cannot recover, even if they establish the elements of negligence. The degree of the plaintiff’s or defendant’s respective negligence is irrelevant. A plaintiff who was 1% negligent will receive nothing from a defendant who was 99% negligent.
Insurance companies aggressively use this rule. They’ll argue you should have seen the hazard, should have walked differently, or should have been paying closer attention. The “open and obvious” defense is one of their favorite tools, claiming the dangerous condition was so visible that you should have avoided it.
This is exactly why your choice of lawyer matters. Having worked on the defense side, we know every version of these arguments. We build your case to shut them down before they gain traction.
Time limits for filing
North Carolina gives you a three-year time limit for personal injury claims. Under North Carolina General Statute § 1-52, you generally have three years from the date of your injury to file a lawsuit. Missing this deadline can permanently bar your claim, so don’t wait to get legal advice.
Our process: how we handle your case
When you call 910-405-7751, here’s what happens:
Step 1: Free consultation. We listen to your story, ask questions about the property, the hazard, and your injuries. We give you an honest assessment of whether you have a case.
Step 2: Investigation. We gather evidence before it disappears. That means property inspection records, maintenance logs, surveillance footage, witness statements, and incident reports. We document everything the property owner should have known and done.
Step 3: Building your claim. We calculate the full value of your damages and prepare a demand backed by evidence. Because we know how insurance adjusters evaluate these claims, we present cases in the language they understand.
Step 4: Negotiation or litigation. Most premises liability cases settle through negotiation, but if the insurance company won’t offer what your case is worth, we’re prepared to take it to court.
Damages: what you can recover
Every premises liability case is different, but compensation in North Carolina typically falls into these categories:
Medical expenses. Current and future treatment, surgery, rehabilitation, medication, and any ongoing care related to your injury.
Lost wages. Income you’ve already lost and future earning capacity if your injury prevents you from returning to work or performing at the same level.
Pain and suffering. Compensation for physical pain, emotional distress, loss of enjoyment of life, and the day-to-day impact of your injuries.
Punitive damages. In rare cases where the property owner’s conduct was willful or wanton, such as knowingly ignoring a serious hazard that had already injured others, additional damages may be available to punish that behavior.
Want to know what your case could be worth? Call 910-405-7751 for a free evaluation.
Our results for injured North Carolina clients
Since 2023, we’ve recovered over $80M for injured clients across North Carolina, with an average top-case settlement exceeding $639K. Our top case results have helped clients aged 5 to 98.
We recovered $6.72M for a 46-year-old Wilmington man injured in a motor vehicle accident. A 49-year-old Spanish-speaking worker in Wilmington received $2.9M in workers’ compensation benefits following a workplace injury. We also secured $175K for a client in Raleigh following an injury claim in 2024.
Past results do not guarantee future outcomes. Every case is different and depends on its unique facts.
Frequently asked questions about premises liability in North Carolina
How long do I have to file a premises liability claim in NC?
North Carolina law gives you three years from the date of your injury to file a personal injury lawsuit under N.C. Gen. Stat. § 1-52. However, evidence can disappear quickly. Surveillance footage gets overwritten, witnesses forget details, and property conditions change. Contact a lawyer as soon as possible to protect your claim.
What if the property owner says the hazard was obvious?
The “open and obvious” defense is one of the most common tactics in premises liability cases. The property owner argues you should have seen the danger and avoided it. This defense ties directly into North Carolina’s contributory negligence rule. We know how to counter these arguments because our managing partners used to make them themselves.
How much does it cost to hire a premises liability lawyer?
Nothing upfront. We work on a contingency-fee basis, meaning we don’t charge a fee unless we win. You don’t pay us a dime unless we recover compensation for you. Your initial consultation is completely free with no obligation.
Can I sue if I were injured at an Airbnb or vacation rental?
Yes. Property owners and, in some cases, rental platforms can be held liable for injuries caused by unsafe conditions at vacation rental properties. We have significant experience with these cases and understand how to pursue claims against both individual owners and corporate platforms.
What if I were partially at fault for my injury?
North Carolina’s contributory negligence rule means even 1% of fault on your part could bar your recovery entirely. Insurance companies know this and will try to shift blame onto you. This is where having lawyers who understand the defense playbook makes a real difference. We anticipate fault arguments and build your case to defeat them.
Do I have to go to court?
Most premises liability cases settle through negotiation without ever going to trial. However, if the insurance company refuses to offer fair compensation, we’re fully prepared to take your case to court. Either way, we handle all the legal work so you can focus on healing.
Injured on someone’s property in North Carolina? Let’s talk.
You shouldn’t have to pay the price for someone else’s negligence. At Horton & Mendez, our lawyers know how property owners and insurance companies fight these claims because our managing partners used to be on their side. Now we use that knowledge to fight for you.
Call 910-405-7751 now for a free consultation. We’re available to meet at any of our nine North Carolina offices, and you’ll never pay a fee unless we win your case.
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