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Charlotte Attorney Calls on North Carolina Senate to Pass "Comparative Negligence" Bill in Order to Better Protect Injury Victims in State
Date:7/23/2009

Herbert Auger, veteran personal injury attorney, notes that North Carolina is one of just four states to deny any monetary award if injured party is even slightly to blame for accident

Charlotte, N.C. (Lexis Nexis) July 23, 2009 -- The North Carolina State Senate needs to take prompt action and pass H813, a bill sponsored by Rep. John Blust (R-Greensboro) that would change the state's negligence standards in tort lawsuits, according to highly regarded Charlotte attorney Herbert Auger.

North Carolina is one of four states in the nation that applies a "contributory negligence" standard to cases where people are accidentally harmed. Contributory negligence is a legal doctrine stating that if a plaintiff in a civil case involving negligence was also negligent in any way, they cannot receive any compensation from the defendant, even if they were found to be only 1% responsible. This doctrine originated in England and is regarded as English "common law" - but due to the harsh ramifications of this doctrine, it was abandoned in England in 1945 when they adopted a statute similar to the bill now in the hands of the North Carolina Senate.

"I have personally met with a number of North Carolina citizens who were victims of accidents caused by someone else's negligence, but they were unable to pursue claims due to this unjust law here in our state," said Auger, founding partner of Auger & Auger, a leading personal injury law firm based in Charlotte.. "Why North Carolina would follow an outdated and unfair rule of law that originated was subsequently abolished in England over 50 years ago, is shocking.
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