N.C. Gen. Stat. § 143-299.1
Contributory negligence a matter of defense; burden of proof
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
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.
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.
History
(1955, c. 400, s. 11/4.)
Legal Periodicals. - For article, "Liability for Discretionary Decisions of State Officers and Employees Under the North Carolina Tort Claims Act: A Critical Analysis of Hochheiser v. North Carolina Dep't of Transp.," see 18 N.C. Cent. L.J. 143 (1989).
For article, "Contributory negligence, comparative negligence, and stare decisis in North Carolina," see 18 Campbell L. Rev. 1 (1996).
For comment, "Have Your Cake and Eat it Too: Cognitive Neurology and Negligence Law in North Carolina,” see 41 Campbell L. Rev. 181 (2019).
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.