ABOLISH CONTRIBUTORY NEGLIGENCE.

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View NCGA Bill Details2023-2024 Session
House Bill 811 (Public) Filed Tuesday, April 18, 2023
AN ACT TO ABOLISH CONTRIBUTORY NEGLIGENCE AND ESTABLISH MODIFIED COMPARATIVE NEGLIGENCE BY ALLOWING RECOVERY IF THE PLAINTIFF'S CONTRIBUTORY NEGLIGENCE IS LESS THAN OR EQUAL TO THE DEFENDANT'S NEGLIGENCE.
Intro. by Longest, Logan, Morey, Harrison.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House action) (Apr 19 2023)

Bill History:

H 811

Bill Summaries:

  • 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.