North Carolina
How Black v. State of Michigan applies in North Carolina: state-specific rules, key cases, and bar exam notes for Torts.
North Carolina recognizes the principles of governmental immunity and the exceptions under which a state or public entity can be held liable for tortious actions, particularly in cases involving negligence. The overarching rule is that governmental entities enjoy broad immunity, but this is tempered by specific tort exceptions laid out in the North Carolina Tort Claims Act.
Under North Carolina law, a plaintiff may only proceed against a governmental entity for negligence if the act falls within the exceptions of the North Carolina Tort Claims Act, specifically G.S. § 143-291, which outlines when a waiver of sovereign immunity applies.
The court held that the state could be liable for negligent acts performed by its employees while acting within the scope of their employment, provided the act fits within one of the statutory exceptions.
The court ruled that a city could not claim immunity for negligence when it failed to maintain safe public premises, noting that inadequate maintenance fell under one of the exceptions to governmental immunity.
The court determined that the state retained immunity in certain discretionary functions but could be held liable for the negligent performance of ministerial duties that fail to comply with established protocols.
North Carolina's approach to governmental immunity contrasts with federal tort law, where the Federal Tort Claims Act allows for more robust claims against the federal government with fewer restrictions. In North Carolina, the immunity guaranteed to the state significantly limits the avenues for recovery compared to federal standards, which are typically more plaintiff-friendly.
Understanding the nuances of governmental immunity in North Carolina is essential for success on the Bar exam, particularly the exceptions under the Tort Claims Act, which may be tested both directly or indirectly in policy and negligence questions.