Negligence in North Carolina
State-specific overview · Tort Law
North Carolina applies contributory negligence, completely barring recovery if the plaintiff bears any fault whatsoever, even 1%.
How North Carolina treats Negligence
North Carolina remains one of the few states using the strict contributory negligence rule, which prevents a plaintiff from recovering any damages if they contributed to their own injury in any degree. This harsh standard means a plaintiff who is even slightly at fault loses their entire claim. The defendant must prove the plaintiff's negligence as an affirmative defense, and the burden of proof is preponderance of the evidence.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.