The Impact of Building Code Violations on Premises Liability Cases

When you walk into a store, restaurant, or apartment building, you expect the space to be safe. You shouldn’t have to worry about injuring yourself on broken stairs, poor lighting, or missing handrails. But when property owners cut corners or ignore safety rules, accidents happen and people get hurt.

Many of these rules are written into building codes that apply to nearly every structure in North Carolina. A building code violation doesn’t settle a premises liability claim on its own, but it helps show the property wasn’t safe, and that the owner had a legal duty of care they didn’t meet. In this blog, we’ll explain how building codes apply, how they’re used in personal injury claims, and why they can make a difference if you’ve been hurt.

What Are Building Codes and Who Must Follow Them?

Building codes are safety rules that apply to how structures are built, maintained, and repaired. These codes, which cover everything from how high a stair step can be to how lighting must be installed in hallways, help reduce the risk of injuries by setting minimum standards for property safety. In North Carolina, both state rules and international building codes apply, and local governments, like the City of Charlotte, enforce them through inspections and permits.

Building owners, landlords, and businesses are responsible for following these rules in places like shopping centers, apartment complexes, office buildings, and even some private homes that allow public access. As a general rule, if a building is open to customers, tenants, or guests, it must meet current code requirements. These rules don’t only apply during construction – they are also in effect when a building is remodeled, equipment is replaced, or hazards are reported and ignored.

Common Building Code Violations That Lead to Injury

When a property isn’t up to code, small issues can quickly turn into serious safety risks. You’ll find them in apartment buildings, stairwells, parking lots, and stores- all places you walk through every day without thinking twice.

Examples include:

Missing or Broken Handrails: Stairways must have secure handrails installed at the proper height and length. If one is loose, broken, or missing, you could trip and fall while trying to steady yourself.
Uneven Steps or Flooring: Stairs that vary in height or slope can throw off your balance. Loose tiles or raised flooring edges also create tripping hazards.
Poor Lighting: Dim or missing lights in stairwells, parking garages, or hallways make it harder to spot obstacles or changes in elevation. You could slip and fall in a puddle of water that would have been visible under normal lighting conditions.
Blocked Emergency Exits: Exit doors have to stay clear and unlocked during open hours. If furniture or merchandise blocks the way, or a door is locked from the inside, you might not be able to get out quickly, which is a fire safety risk.
Unsafe Electrical Wiring or Exposed Panels: Outdated or exposed wiring raises the risk of shock or fire. Code requires these electrical systems to be grounded, enclosed, and professionally installed.

How Building Code Violations Affect Premises Liability Claims

If you were hurt on someone else’s property, showing that they broke a building safety rule can support your premises liability claim. Property owners are legally obligated to follow building codes that cover things like handrails, lighting, emergency exits, and stair dimensions. If they ignored those rules and someone (you) was injured, that failure may be used to show they acted carelessly.

In some cases, this omission falls under what courts call negligence per se. That means the violation itself may count as proof that the property owner didn’t take reasonable care. If you can show they broke a safety rule and that the violation led to your injury, that alone may be enough to prove they were at fault.

If a building code violation is part of your claim, you’ll need to show that the rule was broken and that the unsafe condition directly caused your injury. This usually involves collecting evidence like inspection reports, maintenance records, or statements from contractors who are familiar with applicable safety requirements. If the property owner repairs the issue shortly after the incident, important evidence could be lost, so early documentation is important.

How Do You Prove That a Code Violation Caused Your Injuries?

Building code violations don’t automatically mean a property owner is responsible for what happened to you. You still need to show that the unsafe condition directly led to your injury. For example, if someone trips on a cracked step, it must be clear that the fall happened because of that step and wasn’t due to something unrelated, like untied shoelaces or running at reckless speeds. The more detailed the evidence, the easier it is to prove what happened and why.

Photographs: If you took pictures right after the incident, they can show the exact condition of the property before anything was repaired or cleaned up. Make sure the photos are clear and include the surrounding area, not just a close-up of the hazard.
Video Footage: Some businesses and apartment buildings have security cameras. If the incident was recorded, that video may help confirm how you fell, where it happened, and what conditions were present at the time.
Incident Reports: If the fall or injury happened at a store, apartment complex, or public space, you may have filled out a report. This document creates a written record that helps establish the time, location, and reported cause of the injury.
Medical Records: Notes from the hospital or your doctor can help tie the injury to what happened on the property. The type of injury, how it occurred, and when you first sought treatment are all important details.
Witness Statements: If anyone saw the incident, their account can support your version of events. This can be especially helpful if the property owner later denies that anything was wrong.

The sooner this information is collected, the stronger your personal injury case may be. Property owners usually hurry to repair dangerous conditions after someone gets hurt. If those changes are made before you document the scene, it may be harder to prove what actually caused the injury. That’s why it’s helpful to act fast, keep records, and speak to a personal injury lawyer as early as possible.

Challenges in Using Building Codes as Evidence

A building code violation can support your claim, but it must be clearly connected to how the injury happened. Courts don’t accept a rule violation on its own: you’ll need to show that the unsafe condition was a direct cause of your injuries and that the property owner failed to address it in time.

Below are common challenges that can arise:

No Clear Link to the Injury: The violation must be related to how the injury occurred. If it had nothing to do with the incident, it won’t help your premises liability claim. For example, if you slip and fall on an icy walkway, a missing fire alarm would have no connection.
Property Owner Claims They Didn’t Know: A common defense is that the owner wasn’t aware of the hazard or didn’t have time to correct it. If they can show the issue appeared just before the injury, they may argue they’re not responsible for what happened. Maintenance logs and tenant complaints can help show whether they knew about the danger and ignored it or failed to act in time.

A building code violation can support a personal injury lawsuit, but only if it’s backed by evidence. Photos, reports, and witness statements can make the connection clear before the conditions change or the record disappears. The more detailed your documentation, the harder it becomes for the property owner to shift blame or deny what happened.

North Carolina Law: How Code Violations Interact with Contributory Negligence

North Carolina follows a strict rule called contributory negligence. It basically states that if you’re found even slightly at fault for your own injury, you may be barred from receiving any financial compensation. This standard can make premises liability claims harder for injured people, especially when property owners try to shift blame.

A building code violation can help push back against those arguments. If the unsafe condition clearly broke a safety rule, it can show that the owner failed to meet their duty of care, regardless of how you acted. For example, if a stairwell had no handrail and you tripped, the violation may carry more weight than a defense that claims you were distracted or not watching where you stepped.

Timing and documentation are key. Property owners may try to argue that you were careless, even when the hazard played the larger role. Photos of the area, medical records, and witness accounts can help show that your injury came from unsafe conditions, not from something you did wrong. In a contributory negligence state like North Carolina, proving that point as clearly as possible is critical.

Why You Need a Premises Liability Lawyer

Building code violations aren’t always obvious, which is why they can be hard to identify as the cause of an accident. Some involve outdated structures, missing safety features, or technical construction issues that need to be investigated before you send a demand letter to the owner’s insurer..

A premises liability attorney in Charlotte can help you identify code violations and determine whether they played a role in your injury. They can also:

Request inspection records from the city, consult with building professionals, and gather the kind of documentation that makes the situation clear.
Respond to blame-shifting tactics that are common in contributory negligence cases. Once you hire legal representation, your personal injury lawyer will take over all communications with the insurance company, so they don’t have a chance to undermine you directly.

If you’re unsure what to do next, get a free consultation from an experienced personal injury attorney who can evaluate your situation and tell you whether you have a potential case. Most North Carolina personal injury law firms (ours included) operate on a contingency fee basis, meaning that you only pay attorney fees if they win a fair settlement or verdict now. You have nothing to lose by calling now.

Get a Free Consultation From a Premises Liability Lawyer

Building code violations can make a difference in a premises liability case, but only when they’re clearly linked to the injury. Courts won’t accept evidence of a broken rule without proof that it caused your injury and that the property owner failed to address it within a reasonable time frame. Photos, reports, witness accounts, and inspection records all play a role in showing what happened and why the owner should be held responsible.

If you were hurt on unsafe property in North Carolina, a clear violation, supported by evidence, may help shift the blame back where it belongs. At Edwards Injury Law, we take the time to review the details, preserve evidence, and build a case based on solid and verifiable facts. To learn more or discuss your options, reach out for a free consultation today.