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Can I Legally Sue for Damages If I’m Injured Due to Lack of Security At a North Carolina Hotel?
When you check into a hotel, you expect basic safety measures—working locks, well-lit parking, and steps to keep criminals out. Unfortunately, sometimes that trust is broken.
If you or a family member suffered an injury at a hotel in Carthage, Asheboro, or elsewhere in North Carolina due to poor security, you might wonder if you can hold them accountable. Often, the answer is yes—but North Carolina law has specific requirements that must be met first.
We know what it’s like to work hard and expect fair treatment. We grew up in Moore County and worked blue-collar jobs before becoming lawyers. When a business cuts corners on safety, it’s regular people who pay the price.
Understanding Premises Liability in North Carolina.
Legal claims against hotels for security failures fall under the area of law known as “premises liability.” This is the legal concept that property owners have a responsibility to keep their land and buildings reasonably safe for people they invite onto the property.
In Nelson v. Freeland (1998), the North Carolina Supreme Court simplified the law. Your rights no longer depend on why you were on the property. The law is clearer: Property owners owe a duty of reasonable care to all lawful visitors.
This means that hotel owners must address obvious dangers and take reasonable steps to prevent foreseeable harm, including harm caused by criminal acts by third parties.
What Counts as Negligent Security?
Negligent security occurs when a property owner is aware of, or should be aware of, a security risk, but does not address it. To pursue a claim in North Carolina, you need to show the hotel failed to use “reasonable care” to keep you safe.
Common examples of security failures include:
- Broken Locks: Guest room doors or windows that do not secure properly.
- Inadequate Lighting: Dark parking lots or hallways that create hiding spots for criminals.
- Lack of Security Patrols: Failing to hire security guards in high-crime areas.
- Broken Fences or Gates: Allowing unchecked access to hotel grounds.
- Ignoring Prior Crimes: If a hotel is aware of previous assaults or break-ins on its property and fails to take steps to improve safety, it may be held liable for future attacks.
The Critical Role of “Foreseeability”
The main legal issue in a negligent security case is foreseeability. Courts in North Carolina assess whether the hotel owner could have reasonably anticipated that a crime might occur.
If you are staying at a hotel near I-73 in Asheboro that has never had a break-in, the owner might not be expected to have armed guards. But if the same hotel has experienced five robberies in the parking lot over the last six months, the owner is on notice. If they ignore that history and fail to upgrade the lights or add cameras, they may be held responsible if someone else gets hurt.
North Carolina’s Strict “Contributory Negligence” Rule.
There is a trap in North Carolina law that insurance adjusters use to deny claims—contributory negligence.
Most states use comparative negligence. In those states, if you are 20% at fault, you can still recover 80% of damages. North Carolina is different. It is one of the few states with strict contributory negligence.
If you contributed to your injury—even just 1%—you may be barred from recovering any money.
Imagine you were attacked in a dark hotel parking lot. The hotel might argue you were “contributorily negligent” because you:
- Walked to your car alone at night.
- Forgot to lock your own car door.
- Engaged in an argument with the attacker before the assault.
If a jury finds you are even slightly at fault, you may receive no compensation. Because of this, it is crucial to have a legal team with experience in addressing these defenses. We focus on building cases that demonstrate the negligent property owner’s responsibility.
The Statute of Limitations for Injury Claims.
You do not have unlimited time to file. Under North Carolina General Statute § 1-52(16), you have three years from the injury date to file a claim.
Three years may seem like a long time, but evidence disappears quickly. Surveillance tapes are erased, witnesses relocate, and hotel conditions change. The sooner you start, the stronger your case will be.
What Damages Can You Recover?
If you can prove the hotel was negligent and that you did not contribute to the incident, you may be entitled to compensation for:
- Medical Bills: Emergency room visits, surgeries, and ongoing therapy.
- Lost Wages: Money you missed earning while you were recovering.
- Pain and Suffering: Compensation for the physical pain and emotional trauma of the attack.
- Permanent Disability: If the attack left you with lasting physical limitations.
Why Choose Rowland & Yauger?
We’re not a standard law firm. We treat you like family because we are part of this community.
We have helped over 60,000 clients and earned more than 1,000 5-star reviews at our offices. But numbers aren’t everything. What matters is that we fight for your rights. We are familiar with the local courts, the area, and how to effectively advocate for fair compensation against large insurance companies.
If you were injured because a hotel did not provide proper security, do not try to deal with the insurance company by yourself. A single mistake could risk your entire claim. Our firm can guide you and help you seek the compensation you deserve.
Call us now at our Carthage Office at (910)-621-2991 or Asheboro Office at (336)-537-5547 to start your claim today. Our team is here and ready to help you get back on your feet—take the first step and let us advocate for you.
