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Negligence claims must prove four things in court: duty, breach, causation, and damages/harm. Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of "negligence" the careless person will be legally liable for any resulting harm.
In North Carolina, the doctrine of contributory negligence essentially bars an injured party from receiving recovery if the damages suffered are partially their own fault. North Carolina is one of only four states to still follow this old common law principle.
The last clear chance doctrine is a defense to contributory negligence. This doctrine recognizes that even if a plaintiff was negligent, the defendant may still be held responsible if they had the last opportunity to avoid the harm.
Gross negligence is when a defendant has engaged in ?willful or wanton conduct? that caused the plaintiff's injury. ?Wanton? means the defendant's behavior involves actual or deliberate intention to harm or an indifference to safety, either their own or someone else's.
North Carolina negligence laws follow the doctrine of pure contributory negligence, which bars recovery by the plaintiff if they're just partially at fault (even as little as 1%).
The Four Elements of Negligence Are Duty, Breach of Duty, Damages, and Causation.
In determining negligence, North Carolina follows the ordinary/reasonable care standard. This means every person is required to use reasonable care to protect his or her own safety as well as the safety of others.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.