How does comparative fault work in North Carolina?
1. Negligence Elements. North Carolina negligence requires duty, breach, proximate cause, and damages (Hairston v. Alexander Tank & Equip., 310 N.C. 227).
2. Comparative Fault Regime — Pure Contributory Negligence. North Carolina retains the harsh pure contributory negligence rule: any fault by the plaintiff, however slight, completely bars recovery. Sorrells v. M.Y.B. Hospitality Ventures, 332 N.C. 645 (1992); Smith v. Fiber Controls, 300 N.C. 669. The General Assembly has repeatedly declined to adopt comparative fault. Pattern Jury Instructions N.C.P.I. — Civil 102.10 et seq.
3. Joint and Several Liability. Joint and several liability remains in North Carolina for joint tortfeasors. The Uniform Contribution Among Tortfeasors Act (N.C.G.S. § 1B-1 et seq.) governs contribution among defendants in pro rata shares.
4. Last Clear Chance / Sudden Emergency. Critical escape valves. Last clear chance (Exum v. Boyles, 272 N.C. 567) allows a contributorily negligent plaintiff to recover if defendant had the last opportunity to avoid the harm and failed. Gross or willful/wanton conduct by defendant also defeats the contributory negligence defense (Yancey v. Lea, 354 N.C. 48). Sudden emergency remains.
5. Settling Tortfeasors. N.C.G.S. § 1B-4 — settlement reduces claim by greater of consideration paid or settling party's pro rata share, and discharges settling party from contribution if in good faith.
6. Statute of Repose vs SOL. Personal injury SOL is 3 years (N.C.G.S. § 1-52). Product liability repose is 12 years (§ 1-46.1). Med-mal repose is 4 years (§ 1-15(c)). Improvement to real property repose is 6 years (§ 1-50(a)(5)).
7. Caps. Med-mal noneconomic damages capped at $500,000 (adjusted; § 90-21.19), with exceptions for disfigurement, loss of use, permanent injury, or death from reckless/willful conduct.
8. Wrongful Death Contributory. N.C.G.S. § 28A-18-2 wrongful death actions apply contributory negligence; decedent's fault bars heirs unless last clear chance applies.
9. Worker Injuries. N.C.G.S. § 97-10.1 WC exclusivity. Woodson v. Rowland, 329 N.C. 330 substantial-certainty exception permits limited common-law action against employer. Third-party suits subject to contributory negligence.
This is legal information, not legal advice.
- Any case where defendant will raise contributory negligence — assess last clear chance applicability
- Workplace injury possibly within Woodson substantial-certainty exception
- Med-mal case potentially exceeding § 90-21.19 cap exceptions
- N.C.G.S. § 1B-4
- N.C.G.S. § 90-21.19
- N.C.G.S. § 1-52
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.