NC Considering a Study of the Doctrine of Contributory Negligence
Posted by
Christina MedlinApril 03, 2007 4:34 PMNC, while not alone, still uses the antiquated law of contributory negligence. 46 other states have abandoned the doctrine. The four jurisdictions actively working within this ghastly unpractical law are Alabama, Virginia, Maryland and the District of Columbia. The doctrine of contributory negligence prohibits recovery, even if the person is 1% at fault. An example of the doctrine in practice is Suzy Q is catastrophically injured when struck by a motor vehicle while crossing the street without taking note of the warning of the do-not-cross sign. Suzy Q under the doctrine of contributory negligence may be totally barred from recovering damages due to her role in the resulting injury.
Currently lingering in the NC House of Representatives is HB 446, an act authorizing the legislative research commission to study the doctrine of contributory negligence. Introduced by Rep. Faison (D), a NC medical malpractice attorney, the goal of the study is to begin a conversation about contributory negligence in hopes of reshaping NC law in way that truly holds the wrongdoer responsible and accountable for their actions, without allowing the plaintiff or defendant to escape liability for their actions.
The charge of the study is to "consider whether comparative negligence or another method for determining tort liability would be more appropriate for [NC]". The bill calls for the issue to be studied throughout the 2007 and 2008 legislative sessions, with a final report to the NC General Assembly in 2009. While that is a long time away, hopefully this bill will begin a dialogue that has been absent in the past regarding the modification or abolishment of contributory negligence. In past years, draft bills have been either draconian in their efforts to find an alternative to contributory negligence or have never received a respectable debate under the leadership of the respective legislative chambers. Authorizing a study of contributory negligence, where all interested in parties - including the plaintiff and defense bars - can openly debate the issue will hopefully shed some light on the deficiencies of the law and move NC legislators to institute change.