Comparative Negligence

Question 1

What is it?

Answer 1

• If you are in this type of jurisdiction - you next ask, what is the allocation of fault percentages?

Question 2

McIntyre v. Balentine

Answer 2

• “Even if CONTRIBUTORILY NEGLIGENT, a P may recover, but only if the P’s negligence is less than the D’s negligence”.
• If P’s negligence < D’s negligence = P recovers. - McIntyre
• P and D were driving under the influence. D was speeding. P suffered severe injuries. - McIntyre
• Tennessee Precedent (100 years): “All or Nothing” rule of contributory negligence.- which barred a plaintiff’s claim if he is the least bit negligent.
• In McIntyre, Court says that the rule is “outmoded and unjust”.
• New Rule: Modified Comparative Fault.- “So long as P’s is less than D’s negligence, P may recover. P’s damages recovered are to be reduced in proportion to the percentage of the P’s attributable negligence”

Pure? Recover only defendant’s percentage.
Modified? Some jurisdictions say P can only recover if he was less than 51% at fault. Some jurisdictions say P can only recover if they contributed 50% or less. (MCINTYRE)