NC H811

Replaces North Carolina's pure contributory negligence doctrine with modified comparative negligence, allowing plaintiffs to recover damages if their negligence is equal to or less than the defendant's negligence.

Creates new statute G.S. 1-139.1 establishing recovery standards based on comparing negligence in cases involving death, injury to person, or property damage.

Removes contributory negligence as an affirmative defense in civil pleadings under Rule 8(c) and eliminates the "last clear chance" reply provision in Rule 7(a).

Applies modified comparative negligence to tort claims against the State through the Industrial Commission, requiring the State to prove claimant's negligence was equal to or less than the State's negligence.

Becomes effective October 1, 2023, and applies only to claims arising on or after that date; maintains existing carve-outs for specific motor vehicle violations and other regulatory violations that cannot constitute negligence per se.