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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The settlement amount was not stated, but the process of negotiating a settlement would allow factoring in the comparative negligence aspect of the case.
Prosser, 'Comparative Negligence' (1953) 51 Michigan Law Review 465.
Fifth and finally, once this comment lays bare the conceptual and practical difficulties of the slight-gross rule, this comment will offer several alternatives to South Dakota's current formulation and recommend the South Dakota Legislature adopt a new comparative negligence statute (24) After recommending a change, this article will discuss and overcome the greatest hurdle to adopting a new rule: the myth of increased insurance rates and the other expenses.
In 1974, the Kansas legislature officially replaced contributory negligence with comparative negligence with the passage of section 60-25 8a.
were not barred from recovery based on their participation, although their conduct might constitute comparative negligence that would reduce their recovery." Johnson, supra note 28, at 337-38 (explaining voluntary participants in inherently dangerous activity may qualify as comparatively negligent conduct).
comparative negligence. (66) In doing so, the court was among the first
(46) similarly permitted the application of comparative fault principles when "considering] the interrelationship of the comparative negligence, the pro rata liability, and the exemplary damages statutes" in the state.
It also examines how the comparative negligence defense can apply in the context of tax return preparation and tax planning in general.
Current systems of tort liability routinely provide for the defenses of contributory or comparative negligence within regimes of strict liability.
(8) The Florida Supreme Court held that comparative negligence would not ordinarily apply in enhanced injury cases, ruling that the tortfeasor who caused the crash was not a joint tortfeasor with the manufacturer and could not be on the verdict form.
Part IV proposes that these cases could be more equitably resolved by employing a different doctrine: that of comparative negligence, in which a jury is permitted to apportion fault among the parties based on their findings of fact, and looks at the ways in which assumption of risk has already been all but eliminated as a separate doctrine by New York State lawmakers.
Most states have abandoned the common law rule of contributory negligence in favor of a comparative negligence system.

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