Multiple v. North Carolina Department of Health & Human Services

TIMMONS-GOODSON, Justice.

At the heart of this case is a fire at the Mitchell County jail that resulted in injury and loss of life. The question before us concerns the application of the public duty doctrine to the statutorily-imposed *373duty of the Department of Health and Human Services (“DHHS” or “defendant”) to inspect local confinement facilities. Because we conclude that the special relationship exception to the public duty doctrine applies, we hold that plaintiffs may pursue their negligence claims against DHHS.

A fire at the Mitchell County jail on 3 May 2002 claimed the lives of Jason…