Tort Claim
As an agency of the State of North Carolina, Winston-Salem State University is entitled to assert sovereign immunity from many types of legal claims, including tort liability. Sovereign immunity is a legal doctrine recognized under federal and state law that generally prevents lawsuits against the State and its agencies unless the State has consented to be sued.
The North Carolina General Assembly has provided a limited waiver of sovereign immunity through the North Carolina Tort Claims Act (N.C. Gen. Stat. § 143-291 et seq.). This statute allows individuals to bring certain negligence claims against state agencies, including public universities, under specific circumstances.
Claims brought under the Tort Claims Act are filed with the North Carolina Industrial Commission, which has exclusive jurisdiction over these matters.
When Can a Tort Claim Be Filed?
A tort claim may arise when an individual alleges that they suffered injury or property damage due to the negligent actions of a state employee acting within the scope of their employment.
Examples may include incidents occurring on university property or during university operations where negligence is alleged.
Under North Carolina law, the maximum amount recoverable for a tort claim against a state agency is $1,000,000 per claim.
Medical Expenses for Injuries on Campus
If a person is injured on university property and believes the injury was caused by the negligence of a university employee acting within the scope of their duties, they may file a claim under the North Carolina Tort Claims Act.
Filing a claim initiates a formal legal process through the North Carolina Industrial Commission. The Commission will determine whether the State is liable and whether compensation may be awarded.
How to File a Tort Claim
Individuals who believe they have a valid tort claim should complete the North Carolina Industrial Commission Tort Claim Affidavit (Form T-1) and submit it directly to the Industrial Commission.
Information about the filing process and claim forms is available on the Industrial Commission website.
North Carolina Industrial Commission
https://www.ic.nc.gov
Individuals may also contact the Office of Legal Affairs at Winston-Salem State University for general guidance regarding the process.
Office of Legal Affairs
Email: gencounsel@wssu.edu
Please note that the university cannot provide legal advice regarding individual claims.
Forms and Resources
Additional Information
The information provided on this page is for general informational purposes only and does not constitute legal advice. It is intended to provide general guidance regarding the University’s tort claims process but may not address all circumstances, legal requirements, or applicable deadlines. Individuals with questions about their specific situation should consult their own legal counsel or another appropriate advisor."
The North Carolina General Assembly has provided a limited waiver of sovereign immunity through the North Carolina Tort Claims Act (N.C. Gen. Stat. § 143-291 et seq.). This statute allows individuals to bring certain negligence claims against state agencies, including public universities, under specific circumstances.
Claims brought under the Tort Claims Act are filed with the North Carolina Industrial Commission, which has exclusive jurisdiction over these matters.
A tort claim may arise when an individual alleges that they suffered injury or property damage due to the negligent actions of a state employee acting within the scope of their employment.
Examples may include incidents occurring on university property or during university operations where negligence is alleged.
Under North Carolina law, the maximum amount recoverable for a tort claim against a state agency is $1,000,000 per claim.
If a person is injured on university property and believes the injury was caused by the negligence of a university employee acting within the scope of their duties, they may file a claim under the North Carolina Tort Claims Act.
Filing a claim initiates a formal legal process through the North Carolina Industrial Commission. The Commission will determine whether the State is liable and whether compensation may be awarded.
Individuals who believe they have a valid tort claim should complete the North Carolina Industrial Commission Tort Claim Affidavit (Form T-1) and submit it directly to the Industrial Commission.
Information about the filing process and claim forms is available on the Industrial Commission website.
North Carolina Industrial Commission
https://www.ic.nc.gov
Individuals may also contact the Office of Legal Affairs at Winston-Salem State University for general guidance regarding the process.
Office of Legal Affairs
Email: gencounsel@wssu.edu
Please note that the university cannot provide legal advice regarding individual claims.
Forms and Resources
- North Carolina Industrial Commission Tort Claim Affidavit (Form T-1)
- North Carolina Tort Claims Act (N.C.G.S. § 143-291 et seq.)
The information provided on this page is for general informational purposes only and does not constitute legal advice. It is intended to provide general guidance regarding the University’s tort claims process but may not address all circumstances, legal requirements, or applicable deadlines. Individuals with questions about their specific situation should consult their own legal counsel or another appropriate advisor."
