reglab/housing_qa huggingface dataset:
NC Gen Stat § 99E-25 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 3 - Hazardous Recreation Parks Safety and Liability.|§ 99E-25 - Liability of governmental entities.

 99E-25. 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 entity or public employee who has complied with G.S. 99E-23 shall be liable to any person who voluntarily participates in hazardous recreation activities for any damage or injury to property or persons that arises out of a person's participation in the activity and that takes place in an area designated for the activity.(c) This section does not limit liability that would otherwise exist for any of the following:(1) The failure of the governmental entity or public employee to guard against or warn of a dangerous condition of which a participant does not have and cannot reasonably be expected to have had notice.(2) An act of gross negligence by the governmental entity or public employee that is the proximate cause of the injury.(d) Nothing in this section creates a duty of care or basis of liability for death, personal injury, or damage to personal property. Nothing in this section shall be deemed to be a waiver of sovereign immunity under any circumstances.(e) Nothing in this section limits the liability of an independent concessionaire or any person or organization other than a governmental entity or public employee, whether or not the person or organization has a contractual relationship with a governmental entity to use the public property, for injuries or damages suffered in any case as a result of the operation of equipment for hazardous recreational activities on public property by the concessionaire, person, or organization.(f) The fact that a governmental entity carries insurance that covers any activity subject to this Article does not constitute a waiver of the liability limits under this section, regardless of the existence or limits of the coverage. (2003-334, s. 1.)
NC Gen Stat § 99E-30 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 4 - Agritourism Activity Liability.|§ 99E-30 - Definitions.

 99E-30. 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, harvest-your-own activities, hunting, fishing, equestrian activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity. "Agritourism activity" includes an activity involving any animal exhibition at an agricultural fair licensed by the Commissioner of Agriculture pursuant to G.S. 106-520.3.(2) Agritourism professional. - Any person who is engaged in the business of providing one or more agritourism activities, whether or not for compensation.(3) Inherent risks of agritourism activity. - Those dangers or conditions that are an integral part of an agritourism activity including certain hazards, including surface and subsurface conditions, natural conditions of land, vegetation, and waters, the behavior of wild or domestic animals, and ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. Inherent risks of agritourism activity also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by the agritourism professional or failing to exercise reasonable caution while engaging in the agritourism activity.(4) Participant. - Any person, other than the agritourism professional, who engages in an agritourism activity.(5) Person. - An individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government, or any other group acting as a unit.  (2005-236, s. 1; 2007-171, s. 1; 2020-18, s. 5(a).)
NC Gen Stat § 99E-31 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 4 - Agritourism Activity Liability.|§ 99E-31 - Liability.

 99E-31. 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 (b) of this section, no participant or participant's representative can maintain an action against or recover from an agritourism professional for injury, loss, damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities. In any action for damages against an agritourism professional for agritourism activity, the agritourism professional must plead the affirmative defense of assumption of the risk of agritourism activity by the participant.(b) Nothing in subsection (a) of this section prevents or limits the liability of an agritourism professional if the agritourism professional does any one or more of the following:(1) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission proximately causes injury, damage, or death to the participant.(2) Has actual knowledge or reasonably should have known of an existing dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in such activity and does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant.(c) Nothing in subsection (a) of this section prevents or limits the liability of an agritourism professional under liability provisions as set forth in Chapter 99B of the General Statutes.(d) Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.  (2005-236, s. 1; 2013-265, s. 4.)
NC Gen Stat § 99E-32 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 4 - Agritourism Activity Liability.|§ 99E-32 - Warning required.

 99E-32. 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 must consist of a sign in black letters, with each letter to be a minimum of one inch in height. Every written contract entered into by an agritourism professional for the providing of professional services, instruction, or the rental of equipment to a participant, whether or not the contract involves agritourism activities on or off the location or at the site of the agritourism activity, must contain in clearly readable print the warning notice specified in subsection (b) of this section.(b) The signs and contracts described in subsection (a) of this section must contain the following notice of warning:"WARNING  Under North Carolina law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity."(c) Failure to comply with the requirements concerning warning signs and notices provided in this subsection will prevent an agritourism professional from invoking the privileges of immunity provided by this Article. (2005-236, s. 1.)
NC Gen Stat § 99E-40 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 5 - Commonsense Consumption Act.|§ 99E-40 - Title.

 99E-40. Title.This act shall be known and may be cited as the "Commonsense Consumption Act."  (2013-309, s. 1.)
NC Gen Stat § 99E-41 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 5 - Commonsense Consumption Act.|§ 99E-41 - Definitions.

 99E-41. 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 all of the following criteria:a. The conduct was committed with any of the following:1. The intent to deceive or injure consumers.2. Actual knowledge that such conduct was injurious to consumers.3. Reason to know there is a reasonable probability of injury to consumers.b. The conduct constituting the violation was not required by regulations, orders, rules, or other pronouncement of, or any statute administered by, a federal, State, or local government agency.(3) Other person. - Any individual, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity, including any governmental entity or private attorney general.  (2013-309, s. 1.)
NC Gen Stat § 99E-42 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 5 - Commonsense Consumption Act.|§ 99E-42 - Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food - Limitation on liability.

 99E-42. 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, and Cosmetic Act, 21 U.S.C. 321(f), or an association of one or more such entities, shall not be liable in any civil action for any claim arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food. For purposes of this section, a health condition arising from a single instance of consumption shall not be considered to result from long-term consumption of food.  (2013-309, s. 1.)
NC Gen Stat § 99E-43 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 5 - Commonsense Consumption Act.|§ 99E-43 - Claims arising from weight gain, obesity, associated health conditions, or long-term consumption of food - Exceptions to limit on liability.

 99E-43. 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 known condition allegedly caused by or allegedly likely to result from long-term consumption of food meets either of the following:(1) The claim includes as an element of the cause of action a material violation of an adulteration or misbranding requirement prescribed by statute or rule of this State or the United States of America and the claimed injury was proximately caused by such violation.(2) The claim is based on knowing and willful conduct applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, in violation of any other State or federal law and the claimed injury was proximately caused by such violation.  (2013-309, s. 1.)
NC Gen Stat § 99E-44 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 5 - Commonsense Consumption Act.|§ 99E-44 - Construction of Article.

 99E-44. 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 food adulteration or misbranding statute or rule.  (2013-309, s. 1.)
NC Gen Stat § 99E-50 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 6 - Successor Asbestos-Related Liability.|§ 99E-50 - Definitions.

 99E-50. Definitions.The following definitions apply in this Article:(1) Asbestos claim. - Any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including any of the following:a. The health effects of exposure to asbestos, including a claim for personal injury or death, mental or emotional injury, risk of disease or other injury, or the costs of medical monitoring or surveillance.b. Any claim made by or on behalf of any person exposed to asbestos or a representative, spouse, parent, child, or other relative of the person.c. Any claim for damage or loss caused by the installation, presence, or removal of asbestos.(2) Corporation. - Any corporation established under either domestic or foreign charter and includes a corporate subsidiary and any business entity in which a corporation participates or is a stockholder, a partner, or a joint venturer.(3) Successor. - A corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities through operation of law, including, but not limited to, a merger or consolidation or plan of merger or consolidation related to such consolidation or merger or by appointment as administrator or as trustee in bankruptcy, debtor in possession, liquidation, or receivership and that became a successor before January 1, 1972. Successor includes any of that successor corporation's successors.(4) Successor asbestos-related liability. - Any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, which are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation. The term includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under G.S. 99E-53, were or are paid or otherwise discharged or committed to be paid or otherwise discharged, by or on behalf of the corporation or by a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this State or another jurisdiction.(5) Transferor. - A corporation from which successor asbestos-related liabilities are or were assumed or incurred.  (2014-110, s. 4.1.)
NC Gen Stat § 99E-51 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 6 - Successor Asbestos-Related Liability.|§ 99E-51 - Applicability.

 99E-51. Applicability.The limitations in G.S. 99E-52 shall apply to any successor but shall not apply to any of the following:(1) Workers' compensation benefits paid by or on behalf of an employer to an employee under the provisions of Chapter 97 of the General Statutes, or a comparable workers' compensation law of another jurisdiction.(2) Any claim against a corporation that does not constitute a successor asbestos-related liability.(3) Any obligation under the National Labor Relations Act, 29 U.S.C. 151, et seq., as amended, or under any collective bargaining agreement.(4) A successor that, after a merger or consolidation, continued in the business of mining asbestos or in the business of selling or distributing asbestos fibers or in the business of manufacturing, distributing, removing, or installing asbestos-containing products which were the same or substantially the same as those products previously manufactured, distributed, removed, or installed by the transferor.  (2014-110, s. 4.1.)
NC Gen Stat § 99E-52 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 6 - Successor Asbestos-Related Liability.|§ 99E-52 - Limitation on successor asbestos-related liability.

 99E-52. Limitation on successor asbestos-related liability.(a) Except as further limited in subsection (b) of this section, the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The successor corporation does not have responsibility for successor asbestos-related liabilities in excess of this limitation.(b) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in subsection (a) of this section for purposes of determining the limitation of liability of a successor corporation.  (2014-110, s. 4.1.)
NC Gen Stat § 99E-53 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 6 - Successor Asbestos-Related Liability.|§ 99E-53 - Establishing fair market value of total gross assets.

 99E-53. Establishing fair market value of total gross assets.(a) A successor corporation may establish the fair market value of total gross assets for the purpose of the limitations under G.S. 99E-35 [G.S. 99E-52] through any method reasonable under the circumstances, including either of the following:(1) By reference to the going concern value of the assets or to the purchase price attributable to or paid for the assets in an arms-length transaction.(2) In the absence of other readily available information from which the fair market value can be determined, by reference to the value of the assets recorded on a balance sheet.(b) Total gross assets include intangible assets.(c) To the extent total gross assets include any liability insurance that was issued to the transferor whose assets are being valued for purposes of this section, the applicability, terms, conditions, and limits of such insurance shall not be affected by this statute nor shall this statute otherwise affect the rights and obligations of an insurer, transferor, or successor under any insurance contract and/or any related agreements, including, without limitation, preenactment settlements resolving coverage-related disputes, and the rights of an insurer to seek payment for applicable deductibles, retrospective premiums, or self-insured retentions or to seek contribution from a successor for uninsured or self-insured periods or periods where insurance is uncollectible or otherwise unavailable. Without limiting the foregoing, to the extent total gross assets include any such liability insurance, a settlement of a dispute concerning any such liability insurance coverage entered into by a transferor or successor with the insurers of the transferor before the effective date of this act shall be determinative of the total coverage of such liability insurance to be included in the calculation of the transferor's total gross assets.  (2014-110, s. 4.1.)
NC Gen Stat § 99E-54 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 6 - Successor Asbestos-Related Liability.|§ 99E-54 - Adjustment.

 99E-54. Adjustment.(a) Except as provided in subsections (b), (c), and (d) of this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of the following:(1) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the calendar year may be used.(2) One percent (1%).(b) The rate defined in subsection (a) of this section shall not be compounded.(c) The adjustment of the fair market value of total gross assets shall continue as provided in subsection (a) of this section until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined.(d) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in the definition of total gross assets by subsection (c) of G.S. 99E-53.  (2014-110, s. 4.1.)
NC Gen Stat § 99E-55 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 6 - Successor Asbestos-Related Liability.|§ 99E-55 - Scope of Article; application.

 99E-55. Scope of Article; application.(a) This Article shall be liberally construed with regard to successors.(b) This Article shall apply to all asbestos claims filed against a successor on or after the effective date of this act.  (2014-110, s. 4.1.)
NC Gen Stat § 99E-65 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 7 - Liability for Public Safety Telecommunicators and Dispatchers.|§ 99E-65 - Standard of proof.

 99E-65. Standard of proof.In any civil action arising from any act or omission by the defendant in the performance of any lawful and prescribed actions pertaining to the defendant's assigned job duties as a 911 or public safety telecommunicator or dispatcher at a primary public safety answering point as defined in G.S. 62A-40(18) or at any public safety agency to which 911 calls are transferred from a primary PSAP as defined in G.S. 62A-40(16) for dispatch of appropriate public safety agencies, the plaintiff's burden of proof shall be by clear and convincing evidence.  (2015-71, s. 1.)
NC Gen Stat § 99E-70 (2021)
2021 North Carolina General Statutes|Chapter 99E - Special Liability Provisions|Article 8 - COVID-19 Limited Immunity.|§ 99E-70 - Definitions.

 99E-70. Definitions.The following definitions apply in this Article:(1) COVID-19. - The disease caused by the SARS-CoV-2 virus.(2) Person. - An individual; corporation; nonprofit corporation; business trust; estate; trust; partnership; limited liability company; sole proprietorship; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal entity.  (2020-89, s. 1.)