Comparative And Contributory Negligence Flashcards
Different states have different ways of dealing with _
Negligence claims
Some states acknowledge concept of _ negligence, while other states are known as _ negligence jurisdictions
Comparative
Contributory
In comparative negligence jurisdiction, negligence may be _
Compared between the parties
Comparative negligence example:
Defendant runs red light, plaintiff is _ and their negligence is compared
Drunk in road
Jury would be called upon to compare _
(Comparative)
Different levels of negligence
In red light run, drunk man in intersection, jury may conclude _ (2)
Driver 50%
Drunk 50%
If jury determines damages are $100k, plaintiff would only receive _
$50k
(50% negligence for both defendant and plaintiff)
I’m _ there is no comparison of negligence
Contributory negligence jurisdiction
In contributory negligence jurisdiction, if you had 1% negligence that contributed to damage, then your claim is
Barred and you receive nothing