Comparative Negligence in North Carolina
State-specific overview · Tort Law
North Carolina bars recovery if you are more than 50% at fault (contributory negligence bar).
How North Carolina treats Comparative Negligence
North Carolina follows a modified comparative negligence rule under N.C. Gen. Stat. § 1-139.1, commonly called the "50% bar" rule. You can recover damages only if your negligence is less than or equal to the defendant's negligence; if you are more than 50% at fault, you recover nothing. Your damages are reduced by your percentage of fault, but only if you meet the threshold of being 50% or less responsible.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in North Carolina.