CHARLOTTE, N.C. - Ice has been everywhere this week: on the roads, the sidewalks, driveways and parking lots.  Medic says it responded to nearly 60 calls on Tuesday for falls with injury. So who's at fault? You for falling? Or your neighbor for not clearing their walkway?

"Ultimately you have a duty to look to see where you're going,” says Michael DeMayo, a personal injury lawyer in Charlotte.  He says this is the time of year when he fields numerous calls from folks who've fallen on ice and this is what he tells them: "In NC we have a standard called 'contributory negligence.' And what that means in short and simple form is if you're even 1 percent at fault, you don't recover (damages)."

DeMayo says North Carolina is one of only three states that still uses "contributory negligence." Most states use "comparative negligence" which has a more generous thresh hold for fault. DeMayo says three states, Pennsylvania, New York and Florida, are "no fault" states where, for example, falling on ice can be the direct responsibility of the home or business owner.

We also asked a local insurance agent for his take on homeowner policies: do they cover a weather-related injury if a visitor gets hurt on your property? Bottom line: probably, but you need to talk with your agent. "That's what I advise all my clients to do, whether they're filing a claim or someone is filing a claim against them, let's discuss it,” says State Farm agent Matt Woodford. He says every case is different but, like DeMayo, suggests that in North Carolina, the responsibility ultimately lies with you to keep yourself safe. Woodford says, "Use common sense. Try to assess the surroundings."

A lawmaker in Fayetteville sponsored a bill that would end "contributory negligence." Critics say the bill is costly and controversial. According to the general assembly website, the bill has been referred to a judiciary committee.