Damages

Question 1

What is pure comparative negligence?

Answer 1

Comparative negligence states that when an accident occurs, the fault and/or negligence of each party involved is based upon their respective contributions to the accident.
Therefore, the Pl could recover 10% if they were 90% at fault.

Question 2

What is contributory negligence?

Answer 2

Contributory negligence, in law, behaviour that contributes to one’s own injury or loss and fails to meet the standard of prudence that one should observe for one’s own good. This reduces PL damages.

Question 3

What is modified comparative negligence?

Answer 3

Plaintiff will not recover if they’re found to be either equally responsible or more responsible for the resulting injury. In other words, in order to recover damages, the plaintiff must not be more than 50% at fault for the resulting injury.

Question 4

Is contributory negligence a defense to a strict liability claim?

Answer 4

No. As long as the PL was using the product for its intended use and failed to simply detect the product’s defect.