Carolina Talk Network

Transforming People into Patriots

Raleigh, N.C. – As litigation and the influence of trial lawyers continues to increase, North Carolina voters want to keep the existing law concerning contributory negligence according to a new
poll released today by the Civitas Institute.

According to the live caller poll of 600 likely voters, 56 percent of voters said they want to keep the existing contributory negligence law that states if an injured person contributes to their own injury
they cannot collect damages.  Twenty-nine percent of voters said the
General Assembly should change the law and 15 percent said they were
not sure.

Only five jurisdictions currently recognize this rule: North Carolina, Alabama, District of Columbia, Virginia and Maryland.

“This is one issue where the voters are not clamoring for change,” said Civitas Institute President Francis De Luca. “The legislature should let this bill die and spend time addressing legislation that
will actually foster an environment for job creation.”

As the North Carolina Senate prepares to take up House Bill 813, “Uniform Apportionment of Tort Responsibility,” in the 2010 session, voters are showing bipartisan rejection of increased litigation. 
Fifty-three percent of Democrats and 61 percent of Republicans said
they want to keep the existing contributory negligence law. Fifty-one
percent of unaffiliated voters said they also support not changing the
law.

“Perhaps a better title for this bill would be the ‘John Edwards Trial Lawyer Full Employment Act’ since that is more accurate to reflect the impact of this proposed legislation,” added De Luca.

The Civitas Poll is the only monthly live-caller poll of critical issues facing North Carolina.  For more information on Civitas polling see www.nccivitas.org/media/poll-results/.

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