Bill Summaries: H811 (2023-2024 Session)

  • Summary date: Apr 20 2023 - View summary

    Enacts GS 1-139.1 specifying that contributory negligence does not bar recovery in any action by any person or legal representative to recover damage for negligence resulting in death or injury to person or property if the contributory negligence was equal to or less than the negligence which must be established in order to recover from the party against whom recovery is sought. Makes conforming changes to GS 143-291 and GS 143-299.1 Amends GS 1B-2 to provide that in determining the pro rata shares of tort-feasors their relative degree of fault must be (was, must not be) considered.

    Repeals GS 1-139, setting out the burden of proof in contributory negligence. Also makes conforming changes to the following to remove references to contributory negligence: GS 1A-1, GS 20-11, GS 20-126, GS 20-137.1, GS 20-137.4, GS 20-137.4A, GS 20-140.4, GS 20-141, GS 20-158, GS 20-158.1, GS 20-175.3, GS 95-229.12, GS 113-291.8, GS 143-291, GS 143-299.1, GS 143-300.1A, GS 1A-1, and GS 90-95.5.

    Applies to claims arising on or after October 1, 2023.