Short Answer

In North Carolina, you can seek compensation for medical bills, future treatment, lost wages, and pain and suffering caused by the assault. If the attacker acted willfully or wantonly, punitive damages may also be available. You may also have a negligence claim against the bus operator if it failed to use reasonable care to protect passengers, subject to governmental immunity rules. Most personal injury claims must be filed within three years.

Understanding the Problem

You were assaulted and pepper sprayed while boarding a city bus in North Carolina, and you now have blurred vision. You want to know what compensation North Carolina law allows for these injuries and whether you can include the bus company based on what the driver did or didn’t do.

Apply the Law

North Carolina law allows recovery for actual losses (medical expenses, lost income, and other out-of-pocket costs) and non-economic harms (pain, suffering, and emotional distress) from the person who assaulted you. Separate from the attacker’s liability, a negligence claim against a bus operator depends on proving duty, breach, causation, and damages. A civil action is filed in the General Court of Justice (District or Superior Court depending on the amount). The standard limitation period for personal injury claims is three years from the incident. Punitive damages require willful or wanton conduct and are capped by statute.

Key Requirements

• Duty and breach: Show the attacker intentionally caused harmful or offensive contact; for the bus operator, show it failed to use reasonable care to protect passengers in the circumstances.
• Causation: Link the pepper spray assault to your eye injuries, blurred vision, medical treatment, and time lost from work.
• Damages: Document medical bills, future care (e.g., ophthalmology follow-up), lost wages, and pain and suffering.
• Limitations period: File your personal injury claim within three years of the assault.
• Punitive damages (when warranted): Available if the defendant’s conduct was willful or wanton, with statutory limits.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (Three-year limitations period) - Most personal injury and related claims must be filed within three years.
• North Carolina Gen. Stat. § 1D-15 (Punitive damages standard) - Requires fraud, malice, or willful/wanton conduct and compensatory damages.
• North Carolina Gen. Stat. § 1D-25 (Punitive damages cap) - Limits punitive damages to the greater of three times compensatory damages or $250,000.

Analysis

Apply the Rule to the Facts: Your medical records and police report help establish the assault and the link to your pepper spray injuries and blurred vision (causation). Those same records, bills, and any lost-income documentation support damages. If evidence shows the bus operator failed to exercise reasonable care to protect passengers under the circumstances, you may have a negligence claim as well. Punitive damages may be available against the attacker given the willful nature of a pepper spray assault.

Process & Timing

1. Who files: You (the injured passenger). Where: File a civil Complaint in the General Court of Justice (District or Superior Court) in the county where the assault occurred or where a defendant resides. What: A Complaint stating claims against the attacker (and, if supported, negligence against the bus operator) with a Civil Summons. When: File within three years of the incident.
2. After filing, serve each defendant. Defendants typically have about 30 days to answer. Early steps include preserving bus video and incident reports, collecting medical records, and documenting lost wages; timelines can vary by county.
3. Most cases proceed through discovery and mediation. If settled or tried to judgment, you receive a settlement agreement or a court judgment specifying damages.

Exceptions & Pitfalls

• Governmental immunity: If the bus is run by a city or public authority, negligence claims may be limited unless immunity has been waived (for example, by liability insurance). Procedures can vary; ask about notice or claim requirements.
• Contributory negligence: North Carolina bars recovery if you were even slightly negligent and that contributed to your injury. This is a frequent defense; keep your factual account consistent and supported by evidence.
• Evidence preservation: Bus video and dispatch records can be overwritten quickly. Send prompt preservation letters to the transit agency.
• Punitive damages limits: Even where willful/wanton conduct exists, punitive awards are capped by statute.

Talk to a Personal Injury Attorney

If you're dealing with injuries from a pepper spray assault on public transit, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.