North Carolina Answer and Defenses - Slip and Fall

State:
Multi-State
Control #:
US-PI-0178
Format:
Word; 
Rich Text
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Description

This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff alleging injuries resulting from a slip and fall accident in defendant's place of business.
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FAQ

The most common defences of negligence are contributory negligence, comparative negligence, and assumption of risk. Other defences include an act of God, injuries arising out of inevitable accidents and volenti non fit injuria.

The three main defenses available to negligence are the contributory negligence defense, comparative negligence defense, and assumption of risk defense. Each of these can be raised by the defendant to preclude the plaintiff from recovery or lessen their recovery based on the jurisdiction and laws that follow.

The last clear chance doctrine allows plaintiffs the chance of recovery even if they were negligent in their actions. In North Carolina, this doctrine plays a major role for plaintiffs as contributory negligence presents a potentially significant obstacle to recovery.

The most common negligence defenses are contributory negligence, comparative negligence, and assumption of risk.

The North Carolina personal injury statute of limitations is generally three years, per G.S. §1-52. However, there are exceptions to this law. A personal injury lawyer can help you understand what the specific deadline is for your case.

Few North Carolina car accident cases go to trial. And if a formal lawsuit is not filed, claims are often settled within 6-14 months once the insurance company receives the demand package. The demand package outlines the extent of all medical bills, income loss, and others costs related to the accident claim.

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North Carolina Answer and Defenses - Slip and Fall