comparative negligence


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Related to comparative negligence: contributory negligence, Assumption of risk
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.comparative negligence - (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff
negligence, nonperformance, carelessness, neglect - failure to act with the prudence that a reasonable person would exercise under the same circumstances
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
References in periodicals archive ?
Stephens Highest offer: $0 Verdict amount: After reduction for comparative negligence, but before reduction to present value, the gross verdict amount was $29,277,424.
ANNAPOLIS Cycling organizations urged legislators Tuesday to establish a comparative negligence standard for when they or pedestrians are struck by vehicles, drawing opposition from insurers, defense attorneys and local governments.
Every other state in the United States has modernized their approach to construction site liability by adopting comparative negligence statutes that takes into account the worker's actions--an example New York must follow.
The most common form of comparative negligence works this way: If there are damages of $100,000, and the jury finds that the fault is 20% the patient's and 80% the physician's, the patient would receive $80,000 recovery.
Liability is crucial because comparative negligence is often overlooked.
7--Product liability case; negligence and strict liability claims; comparative negligence defense; aggravation of pre-existing injury.
It is often one of the most overlooked aspects of claims investigations, with less than five percent of claims having any assessment of comparative negligence.
reform to New York's "Scaffold Law," to establish a comparative negligence standard for claims under Labor Laws 240 and 241;
51) Though softened by the modern shift to comparative negligence, in which victim fault merely reduces a tortfeasor's liability, the doctrine continues to require the examination of both parties' conduct in tort cases.
com) provides no-risk financial support for personal injury victims pursuing claims of, among others, catastrophic injury, comparative negligence, defective products, drug injury, insurer misconduct, medical malpractice, motor vehicle accidents, nursing home abuse, slip and fall, unsafe workplaces, and wrongful death, as well as class action and mass torts.
1973), the Florida Supreme Court began the process of equating fault with liability by adopting the doctrine of comparative negligence in the place of contributory negligence: The rule of contributory negligence as a complete bar to recovery was imported into the law by judges.
Beginning in the 1950s in the United States, however, it was argued that the regime of contributory negligence was unjust and that that long-standing rule should be replaced by a rule of comparative negligence, under which the relative contribution of the tortfeasor and victim would be weighed for the extent of their contribution to the accident.

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