Comparative Fault System. Comparative And Contributory Negligence for Personal Injury Lawsuits

neglThe concept of “negligence” is defined asconduct that falls below the standards of behavior” established by law for the protection of others against unreasonable risk of harm. Comparative fault system includes three basic rules:

  • Pure Contributory Negligence Rule
  • Pure Comparative Fault Rule
  • Modified Comparative Fault Rule

indexThe term of Pure Contributory Negligence defines at what degree the plaintiff is negligent for their own injury. If the plaintiff is found even 1% at fault, no damages can be recovered (i.e. being hit by the car while crossing the road in the wrong place). Only 5 states recognize the Pure Contributory Negligence Rule: Alabama, District of Columbia, Maryland, North Carolina and Virginia.

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