ch. 6 contributory and comparative negligence

what is contributory negligence?

When a plaintiffs own nuance contributed to their injury, potentially bearing recovery

at common law what the effect does contributory nationalism have.

It is complete bar to recovery

what is comparative negligence

A system where a plaintiffs nuance reduces, but does not necessarily bar their recovery

how is fault handled in comparative negligence jurisdiction

Fault is apportioned and the plaintiff covers only the portion of damages. They did not cause.

if a and B are each 50% chilling in a car accident how much can each recover?

Each can recover 50% of their damages from the other

do most states use contributory or comparative negligence

Most states use comparative negligence

what role do some states apply regarding plaintiffs more than 50% at fault

Plaintiffs more than 50% responsible cannot cover damages

what is pure comparative negligence (used in New York and a few states)

Plaintiffs may recover damages They did not cause themselves, no matter how Negligent they were.

example of pure, comparative natural negligence (student, and professor car accident)

Student: 90% negligent pays → 90% of Professor damages

Professor: 10% negligent→ pays 10% of student damages