Understanding and Properly Applying Comparative Negligence in Liability Claims

Comparative Negligence Book: Understand And Properly Apply Comparative Negligence In Liability Claims

by Neil Irwin

4.5 out of 5

Language	:	English
File size	:	953 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	104 pages
Lending	:	Enabled

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Comparative negligence is a legal doctrine that assigns responsibility for an accident or injury to multiple parties based on their respective degrees of fault. When comparative negligence is applied, the plaintiff's recovery is reduced by the percentage of fault attributed to them.

Comparative Negligence vs. Contributory Negligence

Comparative negligence differs from the traditional doctrine of contributory negligence, which bars recovery if the plaintiff is found to be even slightly at fault. Under comparative negligence, even if the plaintiff is partially responsible for the accident, they may still recover damages.

Calculating Comparative Negligence

The percentage of fault assigned to each party is determined by the jury or judge. Factors considered include the parties' conduct, the foreseeability of the accident, and the extent of the injuries.

Degrees of Comparative Negligence

There are three main degrees of comparative negligence:

• Pure comparative negligence: The plaintiff can recover damages even if they are 99% at fault.
• Modified comparative negligence: The plaintiff can only recover damages if they are less than 50% at fault (or some other predetermined threshold).
• Slight-gross comparative negligence: The plaintiff can only recover damages if their negligence is slight compared to the defendant's gross negligence.

Impact on Damages

The plaintiff's damages are reduced by the percentage of fault attributed to them. For example, if the plaintiff is found to be 20% at fault, their damages will be reduced by 20%.

Strategies for Applying Comparative Negligence

To maximize recovery in comparative negligence cases, plaintiffs should consider the following strategies:

• Gather evidence to establish the defendant's negligence.
• Minimize the percentage of fault attributed to the plaintiff.
• Negotiate a fair settlement that accounts for the plaintiff's comparative negligence.

Case Studies

The following case studies illustrate how comparative negligence is applied in real-world situations:

• In one case, a plaintiff was injured in a car accident caused by the negligence of both the defendant and the plaintiff's own failure to wear a seatbelt. The jury found the plaintiff to be 30% at fault, and his damages were reduced accordingly.
• In another case, a pedestrian was struck by a car while crossing the street. The jury found the pedestrian to be 60% at fault for failing to look both ways before crossing. However, the defendant was still held liable for 40% of the pedestrian's damages.

Comparative negligence is a complex legal concept that can have a significant impact on liability claims. By understanding the principles and strategies involved, you can maximize your recovery and protect your rights.

Comparative Negligence Book: Understand And Properly Apply Comparative Negligence In Liability Claims

by Neil Irwin

4.5 out of 5

Language	:	English
File size	:	953 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	104 pages
Lending	:	Enabled

FREE