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: small claims law
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What Happens When the Tenant Raises the Issue of Rent Abatement?
Rent abatement is a remedy available to tenants when landlords fail to provide them with a fit and habitable property. Some things to consider when the court is faced with a tenant seeking rent abatement are how the claim can be asserted, what evidence the tenant is required to produce, and how damages are calculated. Read on for more information about how magistrates and judges can navigate rent abatement claims.
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