Contributory Negligence, Comparative Negligence

Contributory Negligence Defined:

When an injured party is in any way negligent for the accident they suffered, they cannot recover damages.

Percentage View of Contributory Negligence

0% Fault = 100% Damages recovered
>0% Fault = 0% Damages recovered

Defense to Contributory Negligence: (2 points)

1. Show that Defendant's conduct is reckless or intentional
2. Being a Rescuer

Comparative Negligence Defined:

Plaintiff is not barred from recovery by his contributory negligence, but his recovery is reduced by a proportion equal to the ratio between his own negligence and total negligence.

What are the two approaches to Comparative Negligence?

1. Pure
2. Modified

What is Pure Comparative Negligence?

Unless the plaintiff's own negligence is 100% at fault, the defendant will be liable for something

What is the Recovery for Pure Comparative Negligence:
-Damages: $10,000
-Defendant liability: 50%
-Plaintiff liability: 50%
-Plaintiff Recovers: ?

$5,000

What are the two kinds of Modified Comparative Negligence?

1. 50% Rule - Not Greater than
2. 49% Rule - Not Greater than

What is the 50% Rule - Not Greater than?

If the Plaintiff's share of negligence is greater than the Defendant's liability - Plaintiff's recovery will be barred

What is the Recovery for the Modified 50% Rule:
-Damages: $10,000
-Defendant liability: 49%
-Plaintiff liability: 51%
-Plaintiff Recovers: ?

$0

What is the 49% Rule - Not Greater than?

If Plaintiff's share of negligence is less than Defendant's liability - Plaintiff's recovery is reduced to Plaintiff's level of fault.

What is the Recovery for the Modified 49% Rule:
-Damages: $10,000
-Defendant liability: 51%
-Plaintiff liability: 49%
-Plaintiff Recovers: ?

$5,100