North Carolina is one of a handful of jurisdictions that still follow the contributory negligence rule. In states where contributory negligence applies, if the plaintiff is even slightly at fault for their injuries or damages, they cannot receive compensation from the defendant. Most states follow some form of comparative negligence which allocates fault among the parties in an action for negligence. Due to the harsh effects of the contributory negligence rule on plaintiffs, certain doctrines exist to mitigate these effects and allow for recovery. Recent North Carolina appellate decisions have addressed these and other negligence doctrines. This post will explore how these doctrines work by reviewing the details of this recent precedent.
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Tag: contributory negligence
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Accidents Happen, But Who’s Responsible? Understanding Vicarious Liability in Negligence Cases
Recently, I had the pleasure of teaching “Introduction to Small Claims Court” to a group of magistrates who turned out to be actors in disguise. The course culminated in a series of mock trials involving summary ejectment, breach of contract, recovery of personal property, conversion, and negligence. While the mock trials provided an entertaining way to review small claims procedure and the substantive law, the negligence case raised some interesting questions on vicarious liability.
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