• 23 Feb 2026

What to Do After an Injury on Public Property in North Carolina

If you have been injured in a public place, your immediate actions are critical to the success of a future claim. Public property, from municipal parks and libraries to state-owned office buildings, is subject to unique legal standards known as sovereign immunity.

What is Public Area Injury and Premises Liability?

In legal terms, a public area injury occurs on property owned or maintained by a government entity. This includes city sidewalks, county parks, and state universities.

What is the premises liability law in North Carolina?

The core principle of North Carolina premises liability is that property owners owe a duty of "reasonable care" to all lawful visitors. This was famously affirmed in the case of Nelson v. Freeland, which established that owners must maintain their property in a reasonably safe condition and warn visitors of hidden dangers. However, when that owner is the government, the rules change.

Can You Sue a Public Park for Injury?

The short answer is yes, but it is rarely straightforward. In North Carolina, the doctrine of sovereign immunity generally protects government entities from being sued unless they have waived that immunity.

• State Property: Claims against the State of North Carolina (like a state-run museum or university) must be filed through the North Carolina Industrial Commission under the State Tort Claims Act (NCGS § 143-291).
• City or County Property: Local governments often waive immunity by purchasing liability insurance. If a city like Raleigh has insurance for its parks, you can typically pursue a claim for an accident in a public place up to the limit of that insurance policy.

Immediate Steps Following an Accident in a Public Place

If you are injured in a public place, follow these steps to preserve your right to a claim:

1. Seek Medical Attention Immediately: Even if you feel fine, some accidents in public places, like slips and falls, result in internal injuries or concussions that manifest later. A medical record creates a "paper trail" linking the injury to the specific location.
2. Report the Incident: Notify the department in charge. If you fell in a Raleigh park, contact the Parks and Recreation Department. If on a city sidewalk, contact the City Manager’s office or Risk Management.
3. Document the Hazard: Take photos of what caused your injury (e.g., a massive pothole, a loose handrail, or a wet floor without a sign). Accidents in public places claims often fail because the government fixes the hazard the next day, and the evidence disappears.
4. Identify Witnesses: Collect names and phone numbers of anyone who saw you fall. Their neutral testimony is invaluable.

Understanding Public Liability: What is Covered?

What is covered under public liability? If you successfully prove negligence, you may recover compensation for:

• Medical expenses and rehabilitation costs.
• Lost wages if the injury prevents you from working.
• Pain and suffering.

What is not covered under public liability? Government entities are rarely liable for "open and obvious" hazards. Under North Carolina’s strict contributory negligence rule, if you were even 1% at fault for not seeing a visible hazard, you may be barred from recovering any compensation.

Deadlines and the "Notice of Claim"

The most dangerous part of accidents in public places claims is the timeline. While the general statute of limitations for personal injury in NC is three years, many municipalities require a Notice of Claim to be filed much sooner, sometimes within 180 days of the accident.

How to claim against public liability: Filing a claim involves submitting a formal document to the correct government agency detailing the date, location, and nature of the injury. Missing this window can permanently end your case before it even starts.

Consult an Experienced Raleigh Personal Injury Attorney

Navigating a claim against the government is a high-stakes process. You are not just fighting an insurance company; you are navigating state statutes and municipal charters.

At Paul Robinson Law, P.L.L.C., we understand the nuances of premises liability law in North Carolina. We help victims in Raleigh, Durham, and beyond determine if a waiver of immunity exists and how to meet strict filing deadlines.

To learn more about your rights, read our Guide to Personal Injury Law in North Carolina or explore our insights on Most Common Types of Personal Injury Lawsuits.

If you’ve been hurt on public property, don’t wait for the deadline to pass. Contact us today for a free consultation.