I posted a blog several weeks ago about Tort Reform in North Carolina. It seems that capping non-economic damages and protecting emergency room physicians from liability are not all that Republicans want to include in North Carolina’s Tort Reform efforts.
House Bill 542, introduced in North Carolina’s House of Representatives last week, proposes to protect manufacturers from litigation as long as the products have met Federal regulatory standards. According to the Charlotte Observer reporter Craig Jarvis (4/1), “Product manufacturers would enjoy substantial protection from liability, to an extent unlike any other state in the country.” According to the AP (3/31), opponents of the bill say, “…North Carolina is pushing further than virtually every other state to tilt the balance of justice toward business interests…” Also included in House Bill 542 under Limitation of Amount of Recovery is a limit on punitive damages the plaintiff can recover. The bill proposes that punitive damage awards in excess of $100,000 are to be allocated 25% to the Plaintiff and 75% to the Civil Penalty and Forfeiture Fund.
Tort Reform has serious implications on the rights of citizens as their access to justice becomes compromised. We will all be watching to see what happens and how the citizenry of North Carolina is affected.
