The NC House passed a bill this week that could affect whether someone hurt in an accident can recover damages. The bill would eliminate a doctrine that says a person who contributes, however slightly, to his or her injury cannot collect a dime from others whose negligence caused the injury. North Carolina is one of four states that still operate under the doctrine, which is known to lawyers as “contributory negligence.” The bill would change the state to a plan known as “contributory fault,” in which juries would award damages based on the relative fault in an accident. This bill has the endorsement of all of the HensonFuerst partners, who encourage you to contact your local House member to show your support.  You can locate your House member by following this link: http://www.ncleg.net/House/house.html

Click to read Benjamin Noilet’s article in The News & Observer.

After four years, Delegate Dave Perry’s bill to make crime of abusing or neglecting an incapacitated adult a more serious offense in West Virginia has finally passed.  There were seven or eight revisions, and even an effort made by fellow delegate John Overington.  Eventually a final version was sent to Governor Joe Manchin stating that any caregiver who neglects such adults or knowingly allows someone else to do so is guilty of a misdemeanor, punishable by a fine of $100 to $500.  If abuse is present, then the penalty could be a jail term of 90 days to one year, or both.  If abuse is intentional and malicious, then the crime is elevated to a felony with fine ranges from $100 to $1,000 along with a prison term of two to 10 years.  When the injury is more severe then the fine can reach $5000, and the guilty party can face a prison sentence of between three to 15 years.  The bill even goes on to state that if the injury is malicious and fatal, the sentence is a prison term only, that can reach up to 40 years.   In the end Perry was quoted saying, “I was real pleased this bill passed.  For the last two weeks, there were continued discussions and working and reworking on the bill.”

Please click to read the complete article from The Register-Herald.

A bill making its way through the Maryland House of Delegates would require nursing homes to give people the choice of installing cameras that the patients or their families would pay for themselves.  The partners of HensonFuerst’s Nursing Home Litigation Division endorse this bill-of-choice and encourage viewers to this blog to voice their support by contacting House Speaker Michael Erin Busch at Michael.Busch@house.state.md.us.

Click to read more about this legislation from msnbc.com.

Congressman Henry “Hank” Johnson is set to introduce the Arbitration Fairness Act of 2009 this week.  Please call your Member of Congress TODAY and ask them to be an original cosponsor of the bill.  The Arbitration Fairness Act would prohibit the enforcement of binding mandatory arbitration clauses in consumer, employment, and franchisee contracts. 

Click to read Arbitration Fairness Act Myths and Facts.