What happens if I slip and fall on the painted line outside of a store due to rain and the pavement being smooth there?
North Carolina negligence laws follow the doctrine of contributory negligence, which bars recovery by the plaintiff if he or she is partially at fault. The majority of other states follow the doctrine of comparative negligence, in which the amount of damages is reduced in proportion to the plaintiff’s degree of fault. Therein is the issue; who saw it such that someone should have picked it up; there has to be “notice”, actual or constructive, of the alleged “defect” in the property; Again – there’s no “strict liability” in North Carolina; merely because you hurt yourself on someone’s property doesn’t make them liable, especially given that NC is a contributory negligence state.
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