North Carolina · statute · N.C. Gen. Stat. ch. 99E · 39 active provisions
Definitions. As used in this Part, the term: (1) "Engage in an equine activity" means participate in an equine activity, assist a participant in an equine activity, or assist an equine activity sponsor or equine professional. The term "engage in an equine activity" does not include being a spectator at an equine activi…
Liability. (a) Except as provided in subsection (b) of this section, an equine activity sponsor, an equine professional, or any other person engaged in an equine activity, including a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equi…
Warning required. (a) Every equine professional and every equine activity sponsor shall post and maintain signs which contain the warning notice specified in subsection (b) of this section. The signs required by this section shall be placed in a clearly visible location on or near stables, corrals, or arenas where the…
Exception. The liability of a landowner for injury or death associated with participation in equine recreation shall be subject to the limitation set forth in G.S. 38A-4 and shall not be subject to this Part. (2013-265, s. 3.3.)
Definitions. As used in this Part, the term: (1) "Engage in a farm animal activity" means participate in a farm animal activity, assist a participant in a farm animal activity, or assist a farm animal activity sponsor or farm animal activity professional. The term "engage in a farm animal activity" does not include bei…
Liability. (a) Except as provided in subsection (b) of this section, a farm animal activity sponsor, a farm animal professional, or any other person engaged in a farm animal activity, including a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent r…
Warning required. (a) Every farm animal activity sponsor and every farm animal professional shall post and maintain signs which contain the warning notices specified in subsection (b) or (c) of this section. The signs required by this section shall be placed in a clearly visible location on or near stables, corrals, ar…
Definitions. As used in this Article: (1) "Operator" means a person or entity who owns, manages, controls, or directs, or who has operational responsibility for a roller skating rink. (2) "Roller skater" means an individual wearing roller skates while in a roller skating rink for the purpose of recreational or competit…
Duties of an operator. The operator, to the extent practicable, shall: (1) Post the duties of roller skaters and spectators and the duties, obligations, and liabilities of the operator as prescribed in this Article in conspicuous places in at least three locations in the roller skating rink. (2) Maintain the stability…
Duties of a roller skater. Each roller skater shall, to the extent commensurate with the person's age: (1) Maintain reasonable control of his or her speed and course at all times. (2) Heed all posted signs and warnings. (3) Maintain a proper lookout to avoid other roller skaters and objects. (4) Accept the responsibili…
Assumption of risk. Roller skaters and spectators are deemed to have knowledge of and to assume the inherent risks of roller skating, insofar as those risks are obvious and necessary. The obvious and necessary inherent risks include, but are not limited to, injury, damage, or death that: (1) Results from incidental con…
Defense to suit. Assumption of risk pursuant to G.S. 99E-13 is a complete defense to a suit against an operator by a roller skater or a spectator for injuries resulting from any obvious and necessary inherent risks, unless the operator has violated the operator's duties under G.S. 99E-11. (1997-376, s. 2.) §§ 99E-15 th…
Purpose. The purpose of this Article is to encourage governmental owners or lessees of property to make land available to a governmental entity for skateboarding, inline skating, or freestyle bicycling. It is recognized that governmental owners or lessees of property have failed to make property available for such acti…
Definitions. The following definitions apply in this Article: (1) Governmental entity. - a. The State, any county or municipality, or any department, agency, or other instrumentality thereof. b. Any school board, special district, authority, or other entity exercising governmental authority. (2) Hazardous recreational…
Duties of operators of skateboard parks. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and kneepads. (b) For any facility owned or operated by a governmental entity that is designed and maintained for the purpose of recreat…
Duties of persons engaged in hazardous recreational activities. (a) Any person who participates in or assists in hazardous recreational activities assumes the known and unknown inherent risks in these activities, irrespective of age, and is legally responsible for all damages, injury, or death to himself or herself or…
Liability of governmental entities. (a) This section does not grant authority or permission for a person to engage in hazardous recreational activities on property owned or controlled by a governmental entity unless such governmental entity has specifically designated such area for these activities. (b) No governmental…
Definitions. As used in this Article, the following terms mean: (1) Agritourism activity. - Any activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural,…
Liability. (a) Except as provided in subsection (b) of this section, an agritourism professional is not liable for injury to or death of a participant resulting from the inherent risks of agritourism activities, so long as the warning contained in G.S. 99E-32 is posted as required and, except as provided in subsection…
Warning required. (a) Every agritourism professional must post and maintain signs that contain the warning notice specified in subsection (b) of this section. The sign must be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The warning notice…
Title. This act shall be known and may be cited as the "Commonsense Consumption Act." (2013-309, s. 1.)
Definitions. The following definitions apply in this Article: (1) Claim. - Any claim by or on behalf of a natural person, as well as any derivative or other claim arising from a common set of facts or circumstances and asserted by or on behalf of any other person. (2) Knowing and willful conduct. - Conduct which meets…
Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food - Limitation on liability. Except as set forth in G.S. 99E-43, a packer, distributor, manufacturer, carrier, holder, seller, marketer, or advertiser of a food, as defined in section 201(f) of the federal Food, Drug,…
Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food - Exceptions to limit on liability. G.S. 99E-42 shall not preclude liability in a civil action in which the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally…
Construction of Article. (a) Nothing in this Article shall be construed to create any new claim, right of action, or civil liability not previously existing under State law. (b) Nothing in this Article shall be construed to interfere with any agency's exclusive or primary jurisdiction to find or declare violations of a…