North Carolina Tort Laws

While "tort" often conjures images of car crashes and shattered bones, its scope goes beyond physical harm. At its core, tort law safeguards individuals' rights from civil wrongs, even when tangible injury is not present. This critical distinction separates it from personal injury law, which focuses on cases involving bodily harm caused by another's negligence.

North Carolina shows how tort law can apply to a wide range of situations, especially through its unusual acceptance of alienation of affection claims. This legal principle allows a deserted spouse to seek compensation from a third party whose intentional meddling led to the breakdown of their marriage. A prime example involves a 2011 case where a woman in Raleigh was awarded $30 million in damages against her ex-husband's current wife for alienation of affection.

It is important to note that alienation of affection claims remain controversial. Most states have abolished them due to concerns about the potential for abuse and difficulty proving intent. North Carolina, along with just five other states, currently upholds this legal remedy.

Essentially, tort law in North Carolina can be very nuanced. As such, this article delves into these intricacies, equipping individuals with the knowledge to navigate potential claims effectively.

Basic Tort Categories in North Carolina

Negligent Torts

Individuals who experience harm due to another party’s negligence can pursue justice through a negligent tort claim. This legal framework applies to scenarios like slips and falls, car accidents, and workplace injuries, where someone's careless or unreasonable actions result in another person's suffering.

To successfully establish a negligent tort claim in North Carolina, a plaintiff must demonstrate four key elements:

• Duty of care: The defendant owed the plaintiff a legal obligation to act with reasonable caution. For instance, drivers owe a duty of care to fellow motorists and pedestrians.

• Breach of duty: The defendant's action or inaction deviated from this expected standard of care. Some examples are making a reckless driving maneuver or failing to maintain safe walkways.

• Proximate cause: The defendant's breach of duty must have been the actual and foreseeable cause of the plaintiff's injuries. There must be a direct connection between the negligent act and the harm suffered.

• Damages: The plaintiff must have sustained quantifiable losses due to the injuries, such as medical expenses, lost wages, and pain and suffering.

Contributory Negligence in North Carolina

North Carolina adheres to the pure contributory negligence doctrine, which states that plaintiffs cannot recover damages if they contributed to their own injuries, even in the slightest degree (1%). This approach differs from comparative negligence, where damages are proportionately reduced based on the plaintiff's fault. 

However, the following exceptions to the rule may allow a plaintiff to recover damages: 

• Diminished capacity: The victim was either too young or did not have sufficient mental capacity to avoid the injury.

• Gross negligence: The defendant's actions constituted reckless disregard for the safety of others, causing foreseeable harm.

• Last clear chance: The defendant, aware of the potential for harm, neglected to act to prevent the injury.

Intentional Torts

Intentional torts stand in stark contrast to negligent torts. Whereas negligence arises from a failure to exercise due care, intentional torts involve deliberate actions that cause harm to another person, even if the harm itself was unintended. Common examples of intentional torts include:

• Malicious prosecution: This occurs when an individual maliciously initiates criminal proceedings against another without valid justification or probable cause. The victim can claim damages for the emotional distress, legal expenses, and reputational harm inflicted by the false accusation.

• Defamation of character: Involving the dissemination of false and damaging statements about another person, defamation comes in two forms: slander (spoken) and libel (written). The compensation for this type of tort seeks to remedy the injury caused to the victim's reputation and sense of dignity.

• Trespass to land or chattels: Violating another person's right to exclusive possession of their property constitutes trespass. This includes both physically entering private property without permission and interfering with or damaging someone’s personal belongings.

Strict Liability Torts

Unlike negligent and intentional torts, strict liability torts hold an individual or entity responsible for damages even in the absence of negligent or deliberate acts. This is common in cases involving product defects, but another unique facet of North Carolina tort law is that it does not recognize strict liability in product liability lawsuits.

In North Carolina, strict liability mainly applies to dog bite cases. This means that a dog owner may have to pay for damages even if they tried to stop the attack from happening.

Other Tort Categories in North Carolina

Economic Torts

While physical injuries often dominate legal narratives, businesses can also suffer harm, sometimes at the hands of others. Economic torts are legal remedies for malicious or negligent acts that inflict purely financial losses on a business.

North Carolina recognizes several key economic torts:

• Breach of fiduciary duty: A person entrusted with another's financial interests acting for their own personal gain and causing economic harm.

• Unfair and deceptive trade practices: Engaging in misleading or fraudulent business practices that damage a competitor's market share.

• Theft of trade secrets: Improperly acquiring and exploiting a business's confidential information for personal advantage.

• Tortious interference: Maliciously disrupting a business relationship or contract, resulting in financial loss.

• Commercial disparagement: Making false or misleading statements about a competitor's products or services, damaging their reputation and sales.

However, in cases where economic harm stems from a contractual breach, North Carolina's economic loss doctrine applies. This principle states that a party cannot seek compensation through tort law if their losses solely arise from the other party's failure to fulfill contractual obligations. The reasoning behind this doctrine is to allow contract law, with its specific remedies and limitations, to govern disputes arising from agreed-upon terms.

One notable exception exists for architects and engineers involved in commercial construction projects. North Carolina law imposes a strict duty of care on these professionals, meaning they can be held liable for economic damages caused by their negligence, even if their actions do not directly violate a contractual clause.

Nuisance Torts

North Carolina prioritizes the health and safety of its residents by maintaining a clean and orderly environment. The state lists certain situations as public nuisances because it understands that these conditions can harm the public's well-being.

• Excessive vegetation: Allowing grass or weeds to grow beyond eight inches in height creates safety concerns and can attract pests.

• Improper storage: Storing combustible materials or household furniture in public spaces presents a fire risk.

• Accumulated junk or litter: Accumulating junk or litter can cause pest infestations.

Abandoned vehicles also fall under the category of public nuisances if they meet any of the following criteria:

• Hazardous condition: Having broken glass, jagged metal, or leaking fluids.

• Fire risk: Containing explosive or flammable materials.

• Pest magnet: Serving as a breeding ground for pests or surrounded by excessive vegetation.

• Obstruction: Being parked in a careless manner.

• Improper use: Being used to collect waste, garbage, or water.

To address public nuisances, the state's Department of Public Safety relies on the Alcohol Law Enforcement Division's Nuisance Abatement Team. This team collaborates with local law enforcement to:

• Investigate properties suspected of facilitating illegal activities, including gambling, liquor offenses, drug sales, prostitution, and recurrent disturbances of the peace.

• Work with property owners to resolve identified nuisances within established timeframes.

• Take appropriate enforcement actions, including fines or legal proceedings, in cases of non-compliance.

Private Nuisances

In North Carolina, private property owners have the right to peaceful enjoyment of their land. Should a neighbor's actions unreasonably interfere with this right, a property owner may pursue a private nuisance claim.

To prevail in a private nuisance claim, the plaintiff must establish the following elements:

• Unreasonable conduct: The defendant's activities must be deemed unreasonable under the circumstances. Factors such as the severity, frequency, and location of the activity are considered.

• Substantial interference: The defendant's conduct must have significantly interfered with the plaintiff's use and enjoyment of their property. This could involve factors like noise, odors, air or water pollution, or even excessive light.

• Damages: The plaintiff must demonstrate they have suffered tangible harm due to the defendant's actions. This may include diminished property value, physical discomfort, emotional distress, or loss of enjoyment of the property.

Torts vs. Crimes in North Carolina

Some intentional torts in North Carolina may have a corresponding criminal charge. Despite this intersection, there are a few key differences between torts and crimes:

• Torts fall under civil law, while crimes fall under criminal law.

• A tort lawsuit determines whether the defendant is accountable for the victim’s damages. Meanwhile, a criminal charge determines whether the defendant is guilty of a crime.

• Tort lawsuits are filed by victims. On the other hand, criminal charges are filed by the government.

• Tort law aims to compensate victims, whereas criminal law aims to maintain public order by punishing illegal activity.

Mass Torts in North Carolina

When multiple individuals suffer harm from the same source, legal options like mass torts emerge as avenues for collective redress. North Carolina's Camp LeJeune mass tort exemplifies this legal tool, offering justice to victims of water contamination at the military base.

In 1982, the discovery of volatile organic compounds in Camp LeJeune's water system started a decades-long struggle for accountability. Thousands of individuals exposed to contaminated water between the 1950s and 1980s endured a multitude of health consequences, including cancer, significant malformations, Parkinson’s disease, skin disorders, and fetal deaths.

Despite the early contamination finding, legal action remained elusive for decades. Only in 2022 did the Camp LeJeune Justice Act pave the way for lawsuits, culminating in the first payouts to six families in October 2023. As of January 2024, the mass tort comprises over 1,400 lawsuits and 147,000 administrative claims nationwide. The large number of cases highlights just how many people were affected by the contamination and shows that families are still fighting for justice.

Mass Torts vs. Class Actions

Both mass torts and class actions involve many victims, but they differ in how cases are handled. In a mass tort, each case is processed individually, whereas in class actions, the group of plaintiffs is represented by one or a few individuals.

Mass tort plaintiffs have more room to negotiate fair settlement amounts individually, but the process can take much longer. On the other hand, the members of a class action are paid a calculated share of the compensation if their case is successful.

The Mass Tort Process

The mass tort process begins with a consultation with a litigation attorney. North Carolina often sees mass torts involving product defects handled through multi-district litigation. This approach consolidates similar cases from different jurisdictions into a centralized court. As such, MDLs have distinct advantages:

• Enhanced efficiency: MDLs streamline repetitive processes like discovery and general causation arguments, saving time and resources for both plaintiffs and the court.

• Standardized procedures: Consistent pretrial rulings are applied across all consolidated cases, promoting fairness and preventing conflicting decisions.

• Judicial expertise: Judges specializing in mass tort cases are assigned to MDLs, ensuring a deeper understanding of the legal issues involved.

In some MDLs, bellwether trials may be conducted. These early trial runs involving a representative subset of plaintiffs offer a valuable preview of how similar cases might unfold. The outcomes provide insights for both sides:

• Plaintiff-favored rulings: If bellwether trials favor the plaintiffs, it can incentivize the defendant to pursue early settlements, minimizing litigation costs.

• Defendant-favored rulings: Conversely, victories for the defendant can inform lawyers and refine their strategies for future cases within the MDL.

North Carolina Tort Liability Insurance Requirements

Business owners in North Carolina can be held liable for the injuries sustained by their employees. Therefore, all businesses with three or more employees must carry workers’ compensation insurance.

Additionally, commercial auto insurance is required for motor vehicles operated for business purposes. The minimum coverage requirements are set at $30,000 per person, $60,000 per accident in bodily injury liability, and $25,000 per accident in property damage liability.

Statutes of Limitations for Tort Cases in North Carolina

Torts that fall under personal injury law generally have a three-year statute of limitations, with the following exceptions:

• Product liability: Up to six years from the date the product was purchased.

• Medical malpractice: Two to four years from the date of the injury.

• Wrongful death: Two years.

Additionally, workers’ compensation claims may only be pursued for two years.

For those under 18 years old or individuals with established legal disabilities, the countdown does not begin until they turn 18 or regain legal capacity. This ensures that vulnerable plaintiffs have ample time to pursue legal action after overcoming the limitations imposed by their age or disability.

If the defendant resides outside of North Carolina or remains unlocatable by law enforcement within the state, the statute of limitations is tolled or paused until they are found. This protects the plaintiff's right to file a claim by preventing the time limit from expiring while the defendant's whereabouts are unknown.

How Much Can Someone Sue in a Tort Case in North Carolina?

In tort cases, compensation amounts depend on the type of damages incurred by plaintiffs. At present, North Carolina awards economic and non-economic damages. 

Economic damages, which have no limit, refer to quantifiable expenses, such as medical bills and lost wages. On the other hand, non-economic damages pertain to pain and suffering, loss of enjoyment of life, and emotional distress. These are capped at $500,000 for medical malpractice lawsuits. 

Punitive damages, meanwhile, are only awarded if fraud, malice, or willful misconduct is involved. The state caps punitive damages at $250,000 or thrice the amount of economic damages, whichever is higher. However, this does not apply to DUI cases.

The rule of joint and several liability applies to North Carolina torts, which means that in the presence of multiple liable parties, the victim can only sue one defendant for all their damages. That defendant can then pursue legal action against the other defendants to pay their share.

The North Carolina Tort Claims Act limits the liability of governmental entities to $1 million per victim. Moreover, there are no punitive damages for torts against the government.

Other Legal Remedies in Tort Cases in North Carolina

While successful tort lawsuits often result in financial compensation for the victim, North Carolina law offers additional remedies in specific circumstances.

Restitution

This court-ordered remedy requires a defendant found guilty in a criminal case to compensate the victim for specific financial losses directly related to the crime. Thus, even if the defendant has already paid damages in a related tort lawsuit, they may be required to pay restitution as part of their criminal sentence.

Protective Orders

Certain types of torts, like nuisance or stalking, involve ongoing harm or the potential for future injury. To address such situations, North Carolina courts can issue pre-trial orders to protect the plaintiff from further harm before the final judgment in the case.

Preliminary Injunctions

These broader orders aim to preserve the existing state of affairs while the case progresses. They can restrict specific activities of the defendant to maintain a certain status quo until the final judgment.

Temporary Restraining Orders

These are reserved for cases where the plaintiff faces irreversible harm without immediate court intervention. Notably, TROs can be issued without prior notice to the defendant, but their duration is limited (10 days for state courts and 14 days for federal courts).

Legal Resources for Tort Victims in North Carolina

Charlotte Center for Legal Advocacy

The Charlotte Center for Legal Advocacy represents locals in civil legal matters. The organization helps with consumer protection, domestic violence protection, and veteran benefits. It also helps low- and moderate-income families access health care for their children. The Charlotte Center for Legal Advocacy can be reached by sending an email to info@charlottelegaladvocacy.org or by calling 704-376-1600. Those outside Mecklenburg County can call 800-438-1254.

Legal Aid of North Carolina

Legal Aid of North Carolina supports individuals and families who cannot afford legal expenses. In 2022, its efforts benefitted 55,166 individuals. It represents victims of domestic violence in child custody disputes and helps them obtain protective orders. Legal Aid of North Carolina also fights for workers’ rights and saves tenants from illegal evictions. Those in need can visit or call one of its offices across the state.

North Carolina Coalition Against Domestic Violence

North Carolina Coalition Against Domestic Violence has been advocating for victims and survivors across the state for more than 40 years. It provides training programs to help parents support children who have witnessed or have been exposed to domestic violence. It also offers various housing services and assists with moving costs. NCCADV can be reached by phone at 919-956-9124. Those in need of immediate services can also call the National Domestic Violence Hotline at 1-800-799-7233.