North Carolina is one of a handful of states with “contributory negligence” laws. This means that if a claimant is found to be even 1 percent responsible for his own accident, he cannot collect damages in court. But this week the North Carolina House moved to change the law to one of comparative negligence — a plaintiff can be awarded damages proportionate to the defendant’s percentage of fault. A companion bill is still being considered in the Senate.
North Carolina has seen more than its share of injustice because contributory negligence. In one case, a seven year old boy was riding a bicycle near his home in a quiet residential area when he was killed by a drunk driver. The boy was within three feet of the curb. The driver pleaded guilty to involuntary manslaughter, felony death by motor vehicle and DWI.
But when the boy’s parents sued the driver and his insurance company, the defendants claimed contributory negligence — the parents were partly at fault for allowing the child to ride a bicycle. The case (Hayluri Beckles-Palomares v. Michael Logan, et al.) has not yet been settled.
Insurance company officials and some business owners are unhappy about the change, predicting a sharp spike in insurance costs. However, others argue the insurance rates are set by North Carolina’s Department of Insurance, and insurance companies could not arbitrarily use the change in law to raise their rates. A state official said the insurers would need two or three years worth of data showing significant need to receive a rate increase.
May 20, 2009
Barbara O’Brien
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