Comparative Negligence

Question 1

(general rule statement for comparative negligence)

Jury assigns allocations of fault by _______ and defendant pays whatever percentage he is deemed to be at fault

Answer 1

attributing the % that each party was negligent

Question 2

Plaintiff can recover for damages so long as his negligence is equal to, but not greater than the Defendant’s

Answer 2

General rule for Modified comparative fault jx (50/50)

Question 3

Plaintiff can recover for damages so long as his negligence is not equal to or greater than the Defendant’s?

Answer 3

General rule for modified minority jx (49/50)

Question 4

Plaintiff’s damages are decreased by whatever % of liabilty that plaintiff is also responsible. Plaintiff can only recover to the extent they were not negligent?

Answer 4

General rule for Pure Comparative Negligence jx