NC House Votes Down Contributory Negligence Rule

Law360, New York (May 19, 2009, 12:00 AM EDT) -- The North Carolina House of Representatives has passed a bill that would make it the 47th state to allow tort plaintiffs to recover damages even when they are somewhat at fault.

Currently, plaintiffs in North Carolina cannot recover any damages if they are found to be even 1 percent at fault for an accident.

But on May 13, the House voted 72-43 to change the state from a “contributory negligence” jurisdiction to a modified “comparative fault” jurisdiction, in which plaintiffs could recover damages as long as...
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