§ 143-299.1A. Limit use of public duty doctrine as an affirmative defense. - North Carolina Statutes

§ 143‑299.1A.  Limit useof public duty doctrine as an affirmative defense.

(a)        Except as providedin subsection (b) of this section, the public duty doctrine is an affirmativedefense on the part of the State department, institution, or agency against whicha claim is asserted if and only if the injury of the claimant is the result ofany of the following:

(1)        The allegednegligent failure to protect the claimant from the action of others or from anact of God by a law enforcement officer as defined in subsection (d) of thissection.

(2)        The allegednegligent failure of an officer, employee, involuntary servant or agent of theState to perform a health or safety inspection required by statute.

(b)        Notwithstandingsubsection (a) of this section, the affirmative defense of the public dutydoctrine may not be asserted in any of the following instances:

(1)        Where there is aspecial relationship between the claimant and the officer, employee,involuntary servant or agent of the State.

(2)        When the State,through its officers, employees, involuntary servants or agents, has created aspecial duty owed to the claimant and the claimant's reliance on that duty iscausally related to the injury suffered by the claimant.

(3)        Where the allegedfailure to perform a health or safety inspection required by statute was theresult of gross negligence.

(c)        This section doesnot apply to a unit of local government or its officers, employees, or agents.

(d)        For purposes ofthis section, "law enforcement officer" means a full‑time orpart‑time employee or agent of a State department, institution, or agencyor an agent of the State operating under an agreement with a State department,institution, or agency of the State who is any of the following:

(1)        Actively serving ina position with assigned primary duties and responsibilities for prevention anddetection of crime or the general enforcement of the criminal laws of the Stateor serving civil processes.

(2)        Possesses the powerof arrest by virtue of an oath administered under the authority of the State.

(3)        Is a juvenilejustice officer, chief court counselor, or juvenile court counselor.

(4)        Is a correctionalofficer performing duties of custody, supervision, and treatment to control andrehabilitate criminal offenders.

(5)        Is a firefighter asdefined in G.S. 113‑60.32(1).

(6)        Is a probationofficer appointed under Article 20 of Chapter 15 of the General Statutes.  (2008‑170, s. 1; 2008‑187,s. 47; 2009‑570, s. 21.)