Contributory Negligence

News & Analysis as of

Defence & Indemnity - August 2016: IV. PRACTICE ISSUES

A. While the verdict of a criminal case can preclude the litigation of the issues involved in that criminal case in the related civil proceeding, issues that were not involved or decided in the criminal case (such as...more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #1

A. Reverse Onus Provisions of the Traffic Safety Act: Section 186 of the Traffic Safety Act applies over Section 185 in accidents involving a motorist and a non-motorist (such as a pedestrian or cyclist). Section 185 applies...more

Injured in a Car Accident? Watch What You Post on Social Media

In 2016, it has become normal to post details about even the smallest details of your life on social media for many to see. A review of an average Facebook feed may include pictures of someone’s breakfast, lunch, and dinner,...more

Indiana Court of Appeals Finds that Post-Accident Reports Do Not Constitute Subsequent Remedial Measures

In a matter of first impression, the Indiana Court of Appeals recently decided that a post-incident investigation is not an inadmissible subsequent remedial measure under Indiana Rule of Evidence 407....more

Defence & Indemnity - June 2016: II. LIABILITY ISSUES #1

Contributory negligence of a passenger will not be found by virtue of the passenger’s knowledge that the driver only has a novice driver’s licence without evidence that the passenger engaged in negligent acts or knew the...more

Insurance and Liability: What You Need to Know if You Are Injured in an Automobile Accident

It's an unfortunate fact, but each year over 100,000 people are injured in automobile accidents in North Carolina, and statistics suggest that nearly every driver will be involved in at least one automobile accident during...more

Blog: Court Of Appeal Considers Application Of Fairchild Test In Asbestos-Induced Lung Cancer Cases

In Heneghan v Manchester Dry Docks Ltd & Ors [2016] EWCA Civ 86, the Court of Appeal considered whether the Fairchild exception should be applied in a case of multiple exposures to asbestos leading to lung cancer. Like...more

Premises Liability Claims at the Ballpark

When you attend a baseball game with your family, are you at risk of sustaining a serious injury? If you do get hurt, can you bring a premises liability lawsuit, alleging that the owner of the stadium or the team was...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

Client Advisory: First Responders' Liability to be Clarified in New Trial Barring Blame of Plaintiff for Prior Contributory...

On January 23, 2015, the Court of Appeal published its opinion in Harb v. City of Bakersfield, et al., a case regarding an incident that occurred almost a decade ago. The opinion clarified how juries can be instructed in...more

Caution: Read (and understand) before signing…contributory negligence bars legal malpractice suit

Under North Carolina law contributory negligence is a complete defense to all types of negligence claims including legal malpractice. Summary judgment is appropriate in NC if a plaintiff is contributory negligent....more

Contributory negligence assessment increased for pedestrian

In the Nominal Defendant v Ross [2014] NSWCA 212, the NSW Court of Appeal increased the contributory negligence assessment, reducing the Respondent’s award of damages from $328,000 to $266,939. The basis for this decision was...more

Top 7 Defenses for Product Liability Lawsuits in North Carolina

North Carolina law provides for a variety of affirmative defenses for manufacturers and sellers in product liability actions. The legislature has codified many of these defenses in the North Carolina Product Liability Act...more

Maryland’s Highest Court Rules It Would Be Contrary to Legislative Mandates for the Maryland Judiciary to Abrogate the...

Writing for the majority in James K. Coleman v. Soccer Association of Columbia (No. 9, September Term, 2012), Judge John C. Eldridge explained that, even though the court has the authority to abrogate the contributory...more

Injured in an Accident? Did You Do Anything to Cause the Accident? Then, $0 For You In Maryland!

Maryland’s highest court, the Court of Appeals, has ruled that if you contribute to your claimed injuries, even if the other party is primarily at fault, then you cannot recover damages for your injuries. This doctrine,...more

Top 7 Reasons Seatbelt Nonuse Should be Admissible in Civil Cases

The current law in North Carolina is that evidence of failing to wear a seatbelt is inadmissible in any civil trial in NC. NCGS § 20-135.2A(d)....more

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