I’m writing with an important update about North Carolina law. For decades, North Carolinians who are victims of accidents or even deliberate acts have been unable to hold perpetrators accountable. And it’s because of a provision in state law called Contributory Negligence that is so outdated that 45 states have already fixed it.
A bill in the North Carolina Senate –– levels the playing field for North Carolinians by providing them a fair opportunity to recover damages when they are injured by a guilty party. If you are an existing client, the Victims Fair Treatment Act will directly benefit your claim! If you are one of our former clients, your efforts will benefit victims of negligence so that they will have a better outcome.
In personal injury matters, Contributory Negligence holds the injured party (Plaintiff) accountable for any percentage of liability, which results in NO compensation. If the jury finds that the Plaintiff was even a little at fault for causing their injury, the Plaintiff receives NO compensation.
For example, imagine you stopped short to avoid a bicycle or child who ran into the road and you were then rear-ended. The driver that hit you could claim that you shared fault for the collision because you stopped short, even though you responsibly avoided a catastrophe.
Or the small business owner who lost a month of revenue when their computer was hacked because they didn’t realize there was a software update. The hacker is actually better protected than the business owner.
We see Contributory Negligence argued in cases involving construction hazards and crane collapses, product liability claims, slip and falls, trip and falls, and motor vehicle collisions. Even in the most obvious fault scenarios, defense tactics may include a claim of Contributory Negligence.
Contributory negligence is a harsh, outdated legal doctrine that favors people who are clearly guilty and at fault rather than supporting the victims.
We must bring contributory negligence to an end in North Carolina, and we need your help to end this unfairness!
Please call, email, or speak with your legislators and ask them for their support for the Victims Fair Treatment Act.
Please go to Facebook and like theor you can also for more information and details of the bill.
If you have any questions, please give our office a call. We are happy to discuss the Act with you. Thank you for your time and consideration.
Please contact the bill supporters—
Or contact others in Senate leadership positions —