Title 11, Chapter 3, Section 406
( 11-3-406)
Negligence contributing to forged signature or alteration of instrument. (a) A person whose failure to exercise ordinary care substantially
contributes to an alteration of an instrument or to the making of a
forged signature on an instrument is precluded from asserting the
alteration or the forgery against a person who, in good faith, pays
the instrument or takes it for value or for collection. (b) Under subsection (a) of this Code section, if the person
asserting the preclusion fails to exercise ordinary care in paying
or taking the instrument and that failure substantially contributes
to loss, the loss is allocated between the person precluded and the
person asserting the preclusion according to the extent to which the
failure of each to exercise ordinary care contributed to the loss. (c) Under subsection (a) of this Code section, the burden of proving
failure to exercise ordinary care is on the person asserting the
preclusion. Under subsection (b) of this Code section, the burden
of proving failure to exercise ordinary care is on the person
precluded. |