05/06/2021
Take a sec hit the link below . I have seen too many people lose due to the Contributory Negligence . You will hate it if it happens to you !!!!
Dear Clients and Friends:
I write today to update you on an important development in North Carolina law. As I have explained to many, if not most, of you, North Carolina law includes the doctrine of Contributory Negligence. In personal injury matters, Contributory Negligence is an affirmative defense whereby the defendant alleges that claimants caused, or only partially caused, their accident. If the jury finds that the Plaintiff was even a little at fault for causing her/his 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. We commonly see contributory negligence asserted by defendants who claim that our clients were driving too fast, even if the defendant pulled out from a stop sign, made a left hand turn, or entered the intersection on a red light. In those scenarios, its possible you would receive NO compensation for injuries or property damage from the other driver, regardless of how serious your injuries or damages were.
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 like rear end motor vehicle collisions. The doctrine is not only a threat when a case goes to trial. During negotiations, defendants commonly raise the prospect of a contributory negligence finding at trial to reduce the values they offer to plaintiffs in settlement of valid claims, denying them fair compensation for their injuries.
Contributory negligence is a harsh, draconian legal doctrine that denies compensation to deserving people who were injured almost entirely through no fault of their own. For that reason, most states have stopped using the contributory negligence doctrine. North Carolina is one of only 4 states along with the District of Columbia, that continues to abide by the doctrine of contributory negligence. Most states rejected this harsh doctrine decades ago. But now there is hope. The North Carolina legislature has introduced a groundbreaking bill to rid North Carolina of contributory negligence once and for all. The Victims Fair Treatment Act, Senate Bill 477, would end contributory negligence and result in a fair system that would allow victims to receive compensation even if they shared some of the fault.
We must bring contributory negligence to an end in North Carolina. PLEASE call your legislators and ask them to support the Victims Fair Treatment Act, Senate Bill 477. 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. We must 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 the Victim's Fair Treatment Act page at https://www.facebook.com/SupportersoftheVFTA or you can also go to www.victimsfairtreatmentact.com for more information and details of the bill. If you have any questions, please give me a call at 800-222-2828 and I am happy to discuss the Act with you. Thank you.
Brian Ricci
