What are the legal defenses available to a professional sued for professional negligence?
Professional negligence in North Carolina is defined as failing to exercise the degree of care and skill that a competent professional would use in similar circumstances. Professional liability or malpractice is defined in North Carolina as negligence arising from a professional’s failure to conform to the applicable standard of care. In the event of a professional negligence lawsuit, the defendant must defend against the claim and prove that he or she did not breach the accepted standard of care. In North Carolina, there are several defenses that may be available to a professional sued for professional negligence. They include, but are not limited to, the defense of contributory negligence, comparative negligence, assumption of risk, contractual limitation of liability, and statute of limitations. The defense of contributory negligence is a complete defense where the plaintiff contributed to or exacerbated his or her own damages. Comparative negligence is a defense where both parties are partly at fault and the outcome of the lawsuit depends on the percentage of fault allocated to each party. The defense of assumption of risk is applicable when the plaintiff voluntarily placed himself or her in a dangerous situation. Contractual limitation of liability is a type of contract that limits the amount of damages that can be recovered. Statute of limitations is a defense that can be used to bar any claims not filed within the prescribed time frame. In conclusion, professional negligence in North Carolina is defined as negligence arising from a professional’s failure to conform to the applicable standard of care. Professionals sued for professional negligence may have several legal defenses available such as contributory negligence, comparative negligence, assumption of risk, contractual limitation of liability, and the statute of limitations.
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