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Changing N.C. tort standard for injured passes House

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Monday, May 18, 2009

(Updated 5:34 pm)

By Gary D. Robertson
Associated Press

RALEIGH (AP) — North Carolina lawmakers are considering changes to how state courts award damages for personal injury and property damage lawsuits.

The House last week approved a bill that eliminates a standard that denies damages to a plaintiff if a jury finds the person was even slightly to blame for the injuries.

It would be replaced with a standard used in 46 other states that allows the injured to receive a percentage of the damages. A person would receive $75,000 of the $100,000 in estimated damages if the defendant is 75 percent to blame.

Bill sponsor Rep. John Blust of Guilford County said the change is about providing justice to the injured.

Insurance industry and business leaders oppose the bill because they say it would raise insurance premiums and doesn't protect defendants enough.

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atticusfinch

May 18, 2009 - 6:00 pm EDT

Good for John Blust! It is about time that this ancient seventeenth century common law doctrine together with its sister the legal fiction of the doctrine of last clear chance is abolished forever in North Carolina. If the insurance companies think that being fair to victims of injury will vastly increase their costs why is comparative fault the law in nearly every other state? Hopefully this sound bill will not die in the Senate.

Panacea

May 18, 2009 - 9:17 pm EDT

Yeah, I don't get why the insurance companies say premiums would go up. If juries are handing out smaller awards, it should make lawyers more choosy about how they pick their cases, since they will likely get less money.