Nelson v. Freeland

507 S.E.2d 882 · Supreme Court of North Carolina · 1998

Facts

John Harvey Nelson tripped over a stick left by Dean Freeland on his porch while picking him up for a business meeting, sustaining injuries. The trial court granted summary judgment for Freeland, and the Court of Appeals affirmed, applying the common-law premises-liability trichotomy.

Issue

Should North Carolina abandon the common-law premises-liability trichotomy (invitee, licensee, trespasser) and adopt a reasonable care standard for lawful visitors, given the confusion and injustice it causes?

Holding

The court reversed the lower courts' decisions, abolishing the distinction between licensees and invitees and adopting a reasonable care standard for all lawful visitors. The case was remanded for a jury trial under this new rule, while retaining the separate classification for trespassers.

Rule

North Carolina premises liability law now requires landowners to exercise reasonable care toward all lawful visitors, eliminating the distinction between licensees and invitees. The duty owed to trespassers remains limited to refraining from willful or wanton injury.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.