Contributory negligence on the part of the claimant or the person in whose behalf the claim is asserted shall be deemed to be a matter of defense on the part of the State department, institution or agency against which the claim is asserted, and such State department, institution or agency shall have the burden of proving that the claimant or the person in whose behalf the claim is asserted was guilty of contributory negligence.
N.C. Gen. Stat. § 143-299.1
Contributory negligence a matter of defense; burden of proof
Applied in 3 court decisions — leading case 128 N.C. App. 402 - Simmons v. North Carolina Department of Transportation (1998)
Most recently applied in 171 N.C. App. 725 - Simmons Ex Rel. Simmons v. Columbus County Board of Education (July 2005)
1955, c. 400, s. 1 1/4.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.