Comparative fault and contributory negligence

Question 1

What is comparative fault?

Answer 1

In a comparative fault jurisdiction, the plaintiff’s own negligence limits recovery but is not necessarily a complete bar to recovery.

Question 2

What are the two types of comparative fault?

Answer 2

Pure and modified

Question 3

What is pure comparative fault?

Answer 3

Under pure comparative fault, the plaintiff’s recovery is limited by the percentage of fault the jury attributes to the plaintiffs own negligence.

Question 4

What is modified comparative fault?

Answer 4

Under modified comparative fault, the plaintiff’s recovery is limited by the percentage of fault the jury attributes to the plaintiffs own negligence. However, if the plaintiff is more at fault than the defendant, (51 percent or 50 in some jurisdictions) then the plaintiff’s claim is barred.

Question 5

What is contributory negligence?

Answer 5

In contributory negligence, a plaintiff cannot recover damages if his own negligence contributed to his injury in any way.

Question 6

What are the exceptions to contributory negligence?

Answer 6

Defendant is engaged in wanton (cruel) and willful misconduct or
had the LAST CLEAR CHANCE to avoid injuring the plaintiff but failed to do so.