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North Carolina Negligence Laws

Most personal injury cases hinge on the legal theory of "negligence," whereby an individual who owes a duty to another fails to exercise a certain degree of care, causing injury. For instance, a restaurant whose cook fails to check the temperature of a roasted chicken may be held negligent for the diners' resulting food poisoning. North Carolina negligence laws follow the doctrine of contributory negligence, which bars recovery by the plaintiff if he or she is partially at fault.

The following chart highlights some of the main provisions of North Carolina's negligence laws. See Negligence: Background for a general overview.

Code Section None
Comparative Negligence No
Contributory Negligence-Limit to Plaintiff's Recovery Plaintiff may not recover damages if even partially at fault.
Contribution Among Tortfeasors Yes; §§1B-1 to 1B-6
Uniform Act §1B-1 to 1B-6

Note: State laws are constantly changing -- contact a North Carolina personal injury attorney or conduct your own legal research to verify the state law(s) you are researching.

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