Negligence law doesn’t care how badly you’re hurt. It cares who’s to blame, and by how much. If you’re injured in a car wreck, slip and fall, or any other accident caused by someone else, you’d think the law would at least give you a fair shot at recovery. Not always. In some states, even one percent fault on your part can torch your case. That’s the brutal edge of contributory negligence—and in the Carolinas, it still cuts deep.
Negligence laws are state-specific. They dictate whether a victim gets compensated or walks away with nothing. If you’re not aware of the rules where your case is filed, you’re gambling with your claim before it ever reaches a courtroom.
Georgia: 49 or Less, or Forget It
Georgia applies a modified comparative negligence rule with a hard cap. If you’re less than 50% at fault, you can recover damages, but they’ll be reduced based on your percentage of fault. Cross that 50% threshold, and you walk away empty-handed.
This rule forces both sides to fight tooth and nail over every percentage point. Say your damages total $100,000, and you’re found 30% at fault. You still get $70,000. But if that number ticks up to 50%, you’re done. There’s no middle ground. Either you’re under the line or you’re out.
South Carolina: One Percent More Lenient
South Carolina gives you a bit more breathing room. Their modified comparative negligence rule lets you recover as long as you’re 50% or less at fault. Hit 51%, and you’re barred from any recovery.
In practice, that single percent difference between Georgia and South Carolina changes how cases are litigated. In South Carolina, being exactly halfway to blame still gives you a chance. A jury can say, “Yeah, they messed up, but not more than the other guy,” and still award compensation.
If you’re dealing with a South Carolina case, there’s slightly more room to maneuver, but only barely. Don’t count on mercy if you’re even close to that 51% mark.
North Carolina: Zero Tolerance
Then there’s North Carolina. The outlier. Still clinging to pure contributory negligence, one of the harshest legal standards in the country. Here, if you’re even 1% at fault, you get nothing. That’s not a scare tactic. That’s law.
You could be walking through a store when someone drops a box off a shelf and it breaks your arm. If a jury thinks you should’ve seen it coming or weren’t watching your step, even a little, you’re out of luck. Doesn’t matter if the other party was 99% responsible. That 1% on you is enough to sink the whole claim.
The only way around it? Prove the defendant acted recklessly or that you had no chance to avoid the harm. However, these exceptions rarely hold. In most North Carolina courts, contributory negligence is a brick wall.
Call The Ones Who Fight Hard
If you’re injured and staring down these kinds of legal rules, you need a team that’s not afraid to swing hard. The Snow Legal Group, PLLC has one job: fight for what you’re owed. Georgia, South Carolina, North Carolina—each state plays by different rules. We know the difference, and we don’t waste time.
Call 704-358-0026 and let’s talk about how to get your case moving. Because in states like these, waiting can cost you everything.