Chapter 99E

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 sp…

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 …

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) Mainta…

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…

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…

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. (1997-3…

(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 fr…

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 p…

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. …

(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 recreati…

(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 other persons or propert…

(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 governme…

(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…

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, ra…

(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, exce…

(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 activi…

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.)

This act shall be known and may be cited as the "Commonsense Consumption Act." (2013-309, s. 1.)

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 cond…

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…

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 …

(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 …

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 hea…

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' comp…

(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 consolidat…

(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…

(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 o…

(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.)

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 act…

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 d…

(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 …

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; j…

(a) In any claim for relief arising from any act or omission alleged to have resulted in the contraction of COVID-19, including any claim based on violation of subsection (b) of this section, no person shall be liable for any act or omission that does not amount to gross negligen…

This Article applies to claims arising no later than 180 days after the expiration or rescission of Executive Order No. 116 issued March 10, 2020. (2020-89, s. 1.)

(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 nea…

The following definitions apply in this Article: (1) COVID-19. - The disease caused by the SARS-CoV-2 virus. (2) Community pool. - A privately owned community swimming pool, including, without limitation, a swimming pool owned or operated by a multiunit apartment complex, homeown…

(a) Owners and operators of community pools and their agents shall not be liable in any claim or action seeking damages for injury or death resulting from transmission of COVID-19 alleged to have resulted from the reopening of the community pool in accordance with applicable exec…

This Article applies to claims or actions arising no later than one year after the expiration or rescission of Executive Order No. 116 issued March 10, 2020. (2020-90, s. 6(a).)

(a) For purposes of this Article, the following definitions apply: (1) Area of the racing facility. - Within a 3-mile radius of the perimeter of the property or contiguous group of properties where a racing facility is located. (2) Racing facility. - A designated area where compe…