Tag
Contributory Negligence
3 posts tagged Contributory Negligence, newest first.
Virginia Personal Injury Statute of Limitations: 2026 Window, Contributory Negligence Bar, and VTCA One-Year Notice
Virginia's general personal-injury statute of limitations is two years under Va. Code 8.01-243. The traps: pure contributory negligence (any fault by the plaintiff is a complete bar), a one-year Virginia Tort Claims Act notice under Va. Code 8.01-195.6, and a six-month notice for local-government claims under Va. Code 15.2-209.
Alabama Personal Injury Statute of Limitations: 2026 Window, Contributory Negligence Bar, and Common Pitfalls
Alabama's general personal-injury statute of limitations is two years under Ala. Code section 6-2-38(l). The trap most plaintiffs do not see coming: Alabama is one of only a handful of states still applying pure contributory negligence, which bars recovery entirely if the plaintiff is even 1% at fault.
North Carolina Personal Injury Statute of Limitations: 2026 Window, Pure Contributory Negligence, and Common Pitfalls
North Carolina's general personal-injury statute of limitations is three years under NCGS 1-52(16), with a two-year SOL for wrongful death under NCGS 1-53(4). The defining feature of NC PI practice is the pure-contributory-negligence rule: even 1% plaintiff fault is a complete bar to recovery. State claims go through the Industrial Commission under a $1M cap; medmal requires a Rule 9(j) certificate.