143-299.1. Contributory negligence a matter of defense; burden of proof.
Contributory negligence on the part of the claimant or the person in whose behalf the claim is asserted shall be deemed to be a matter of defense on the part of the State department, institution or agency against which the claim is asserted, and such State department, institution or agency shall have the burden of proving that the claimant or the person in whose behalf the claim is asserted was guilty of contributory negligence. (1955, c. 400, s. 1 1/4.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 143 - State Departments, Institutions, and Commissions
Article 31 - Tort Claims against State Departments and Agencies.
§ 143-291.3 - Counterclaims by State.
§ 143-292 - Notice of determination of claim; appeal to full Commission.
§ 143-293 - Appeals to Court of Appeals.
§ 143-294 - Appeal to Court of Appeals to act as supersedeas.
§ 143-295 - Settlement of claims.
§ 143-296 - Powers of Industrial Commission; deputies.
§ 143-298 - Duty of Attorney General; expenses; subpoenas.
§ 143-299 - Limitation on claims.
§ 143-299.1 - Contributory negligence a matter of defense; burden of proof.
§ 143-299.1A - Limit use of public duty doctrine as an affirmative defense.
§ 143-299.2 - Limitation on payments by the State.
§ 143-299.3 - Use of State vehicles by North Carolina Amateur Sports; State to incur no liability.
§ 143-299.4 - Payment of State excess liability.
§ 143-300 - Rules and regulations of Industrial Commission; destruction of records.