comparative negligence


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Related to comparative negligence: contributory negligence, Assumption of risk

comparative negligence

A legal theory in some states that evaluates the negligence of a wrongdoer against any negligence of the injured party that contributed to its injuries,and then assigns a pro rata responsibility for the harm suffered.

Example: If a property owner allows a loose step to remain unrepaired, and a guest loses his or her balance and falls, the property owner has been negligent. If, however, the guest was intoxicated, a jury might decide the guest was 25 percent responsible for the injuries. In such a case, the jury will calculate a dollar value for the injury and associated expenses and will then reduce it by 25 percent in order to arrive at an award.

Contrast with contributory negligence, which denies any award at all if the injured party was at all negligent under the circumstances.

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In 1974, the Kansas legislature officially replaced contributory negligence with comparative negligence with the passage of section 60-25 8a.
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In the past, accountants have not been particularly successful in raising a client's contributory or comparative negligence as a defense.
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5 million dollars, (reduced by 1/3rd for plaintiffs' comparative negligence to $6.
The reality is that most claims do involve shared fault, validated by jury verdicts that assess comparative negligence more than 50% of the time.
com) provides no-risk financial support for personal injury victims pursuing catastrophic injury cases involving comparative negligence, defective products, drug injury, insurer misconduct, medical malpractice, motor vehicle accidents, nursing home abuse, slip and fall, unsafe workplaces, and wrongful death, as well as class action and mass torts.
Forcing contractors to assume 100 percent of the liability regardless of the cause of the accident is contrary to every other personal injury action in New York State, which utilizes comparative negligence.
The Court of Appeals concluded that "The [insured's] failure to read the policy, at most, may give rise to a defense of comparative negligence but should not bar, altogether, an action against a broker.
Use the first bracketed phrase in the fourth paragraph when there is a claim of comparative negligence.
It would also open the door to yet another round of a battle that has been fought in the New York State court system for decades--a battle that has consistently ended with courts barring recovery for injured plaintiffs under the assumption of risk doctrine rather than taking a more equitable approach under the principles of comparative negligence.

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