Can You Sue a City for Negligence in North Carolina?

If you’ve been harmed due to a city’s actions—or inaction—you may be wondering if you can sue. More specifically, can you sue for negligence when a city fails to uphold its responsibilities? This guide walks you through the legal options available in North Carolina, when a city can be held liable, and how to pursue a negligence claim.

Whether you slipped on an unmaintained sidewalk, were injured in a car accident caused by a poorly maintained road, or suffered damages due to negligent city services, understanding your rights is the first step. While suing a city presents unique challenges, it is possible under specific circumstances—and with the right legal guidance from a Raleigh-based law firm like Edwards Kirby LLC.

When Can You Sue a City in North Carolina?

Cities in North Carolina are generally protected from lawsuits by sovereign immunity, but that protection isn’t absolute. There are important exceptions where individuals can hold a city accountable for negligence. Understanding when those exceptions apply is key to building a successful case.

Exceptions to Sovereign Immunity

Under North Carolina law, cities enjoy sovereign immunity when performing “governmental” functions, like running police departments or maintaining public parks. However, this immunity does not apply when a city is engaged in “proprietary” functions—services that are more like a business operation, such as running a city-owned golf course, parking deck, or utility.

In addition, if a city employee acts with willful or wanton negligence—essentially behaving with reckless disregard for safety—you may be able to bring a claim even if the activity was governmental in nature. These legal nuances make it crucial to understand how your specific situation is categorized.

Suing for Unsafe Roads, Sidewalks, or Public Buildings

Negligence lawsuits commonly arise from injuries related to poorly maintained public property. If you tripped on a cracked sidewalk, were injured due to a collapsed stairwell in a public building, or were in an accident caused by potholes or poor signage, you may have a claim—particularly if the city knew about the issue and failed to act.

Each case depends on its facts, but the courts often consider whether the city had a duty to maintain the property, whether it knew (or should have known) about the danger, and whether it had a reasonable opportunity to fix it.

Steps to File a Negligence Lawsuit Against a City in North Carolina

If you believe you have a valid claim, it’s important to follow the right legal steps. Filing a lawsuit against a government entity is not like suing a private company or individual. Special procedures and deadlines apply.

Filing a Notice of Claim

While North Carolina law doesn’t always mandate a formal notice of claim when pursuing a negligence case against a city, filing one can be a strategic first step. It shows that you’re taking the matter seriously and gives the city an opportunity to respond before a lawsuit is formally filed. In some cases, this notice can open the door to early settlement discussions, potentially saving time, legal expenses, and emotional stress for both parties.

A well-crafted notice of claim should provide a clear and concise account of what happened. Include details such as the date, time, and location of the incident; a description of what caused your injury or loss; and how the city’s negligence contributed to the harm. Be sure to outline the nature of your injuries or damages, any medical treatment you’ve received, and the financial or emotional impact the incident has had on your life. Supporting documents, like photos, witness statements, or medical records, can strengthen your claim and show the city you’re prepared.

It’s also essential to send your notice to the correct party. Typically, this would be the city’s risk management department, legal department, or another designated official who handles claims. Sending the notice to the wrong office—or failing to send it at all—could delay your case or even harm your chances of recovery. If you’re asking, “can you sue for negligence” without first filing a notice, the answer is: possibly—but it’s often not advisable. A notice of claim can help lay the groundwork for a stronger, more credible legal action if negotiations break down and litigation becomes necessary.

Following State Tort Claims Act (STCA) Requirements

The State Tort Claims Act (STCA) creates a legal pathway for individuals to hold government entities accountable in certain negligence cases where sovereign immunity has been waived. This means that, under specific circumstances, individuals can take legal action even when the defendant is a government agency or city. These claims are typically brought before the North Carolina Industrial Commission rather than a traditional court, which has its own procedures and standards. To begin, you must file a verified complaint that clearly outlines the facts of your case, names the appropriate city or government agency as the defendant, and includes documentation that supports your allegations—such as photographs, medical records, or witness statements.

While the standard statute of limitations for personal injury claims in North Carolina is three years, it’s crucial not to wait. Government-related cases often involve added layers of bureaucracy and strict procedural rules that can easily delay or derail a claim. Starting early allows your attorney time to investigate, gather necessary evidence, and ensure that all deadlines and requirements are met. Missing a step—even a minor one—could result in your case being dismissed. Acting quickly, staying organized, and seeking experienced legal guidance from the outset can make a meaningful difference in your chances of success.

What You Need to Prove to Win

Bringing a lawsuit is only part of the challenge—you must also prove that the city was legally responsible for your injury. Negligence cases hinge on a few specific elements.

Showing the City Had a Legal Duty and Breached It

First, you must establish that the city had a duty to act reasonably under the circumstances. This might mean keeping sidewalks clear of hazards or ensuring city vehicles are operated safely. Then, you need to prove that the city failed to meet that duty—whether through inaction, poor maintenance, or reckless behavior.

Proving the City’s Negligence Caused Your Injury

Next, you need to show a direct link between the city’s breach of duty and your injury. This may require witness statements, medical records, and expert opinions. The court will evaluate whether the harm was foreseeable and whether it could have been prevented had the city acted appropriately.

How North Carolina’s Contributory Negligence Law Can Hurt Your Case

North Carolina is one of the few states that still follows a pure contributory negligence rule. This means that if you are found to be even 1% at fault, you may be barred from recovering any damages. The city may try to argue that you were partially responsible for the accident—such as not watching where you were going—so it’s essential to build a strong case showing the city was entirely at fault.

What Damages Can You Recover?

If your case is successful, you may be entitled to recover damages to help offset your losses—both tangible and intangible.

Medical Bills, Lost Wages, and Property Damage

These are considered economic damages and are typically easier to calculate. They include your out-of-pocket expenses such as emergency room visits, follow-up medical care, physical therapy, time missed from work, and damage to your vehicle or personal property.

Pain, Suffering, and Emotional Distress

Non-economic damages cover the personal, emotional toll of your injuries. You may be eligible to receive compensation for ongoing pain, emotional suffering, and decreased quality of life. While harder to quantify, these damages are no less real and can often be substantial.

Should You Hire a Lawyer For a Negligence Case?

Filing a lawsuit against a city in North Carolina is not simple. You’ll be facing tight deadlines, legal technicalities, and procedural rules that are different from typical personal injury cases. Many people ask, “Can you sue for negligence when a city causes harm?” The answer depends on several legal factors–and without experienced legal guidance, it’s easy to lose your case on a technicality, even if you were clearly wronged.

That’s why it’s essential to work with an experienced North Carolina personal injury attorney firm based in Raleigh. A firm like Edwards Kirby can help you determine whether you have a case, collect the necessary evidence, and file your claim correctly and on time. Their team understands how to navigate sovereign immunity laws and has experience holding government entities accountable.