This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Damages Allocation in North Carolina

North Carolina allocates damages under the pure contributory negligence doctrine, meaning a plaintiff who is even slightly at fault is completely barred from recovering any damages. This rule, codified in N.C. Gen. Stat. § 1B-1 et seq. and affirmed in Smith v. Fiber Controls Corp., 300 N.C. 669 (1980), does not reduce a plaintiff’s recovery proportionally; it eliminates it entirely if any negligence contributed to the harm. The statute sets out the framework for this allocation, and the official source at ncleg.gov provides the exact statutory language. The worked example below demonstrates how this rule applies in a typical case. For a personalized estimate, use the DocketMath calculator.

Governing authority

In North Carolina, the damages allocation rule is set by N.C. Gen. Stat. § 1B-1 et seq.; common-law contributory negligence (Smith v. Fiber Controls Corp., 300 N.C. 669 (1980)). The verified packet cites N.C. Gen. Stat. § 1B-1 et seq.; common-law contributory negligence (Smith v. Fiber Controls Corp., 300 N.C. 669 (1980)) (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_1B.html).

North Carolina damages allocation: governed by N.C. Gen. Stat. § 1B-1 et seq.; common-law contributory negligence (Smith v. Fiber Controls Corp., 300 N.C. 669 (1980)). The verified packet cites N.C. Gen. Stat. § 1B-1 et seq.; common-law contributory negligence (Smith v. Fiber Controls Corp., 300 N.C. 669 (1980)) (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_1B.html).

Estimate your own result: every situation has exceptions that can change the outcome. Use the damages allocation calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.