Contributory Negligence
Position: NCCBl
firmly supports the current system of Contributory Negligence, which
has worked well and generally kept settlement, judgments, and
recoveries at a reasonable level. Any change to some type of
Comparative Fault erodes the economic well-being of the State by
increasing costs.
Explanation:
For well over 100 years, North Carolina
has followed the doctrine of Contributory Negligence in so-called tort
or negligence cases. Simply stated, this doctrine holds that a
plaintiff cannot recover damages in a negligence suit if his own
negligence was one of the direct causes of the injury. Where the
negligence of the plaintiff is clear-cut, the presiding judge will
dismiss the plaintiffs suit as a matter of law. For example, under
present law, if a drunk driver on the wrong side of the road collides
with a speeding vehicle in the opposite lane, the court would dismiss
any lawsuit by the drunk driver because of his clearly negligent
conduct. On the other hand, under the doctrine of Comparative Fault,
the judge would be compelled to submit the case to the jury. That fact
alone gives substantial value to otherwise valueless claims.
The impetus for Comparative
Fault legislation has come almost exclusively from state and national
associations of plaintiffs' attorneys specializing in negligence
practice. From the point of view of these groups, there are more and
larger recoveries under Comparative Fault.
Private cost studies
conducted in North Carolina in 1983, 1985, and 1989 by professors at
the School of Business at UNC-G indicate that automobile liability
claims alone under the Comparative Fault doctrine would add between
$118 million and $245 million (24 to 32% higher) annually to premium
costs, and more recent figures would increase that figure. More recent
data from a study conducted in the State of Maryland confirmed the
substantial costs that would be imposed by a change to comparative
fault. Many more millions would be paid out in settlements and
judgments by homeowners, merchants, manufacturers, doctors, and many
other professionals and self-insurers. Some other groups that would be
vitally and adversely affected by Comparative Fault would be the
counties, cities, school boards, and even employees of the state.
An article in the State
Legislatures, published by the National Conference of State
Legislatures, assert that a state's civil justice environment is a
substantiai element in rating its business climate. North Carolina's
recent success in economic development has resulted, in part, from our
current civil justice system.
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Judicial Selection And Retention In
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Workers' Compensation Reform
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Future Of The Courts Commission
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Business Court
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Tort Reform
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Joint And Several Liability
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