comparative negligence


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Related to comparative negligence: contributory negligence, Assumption of risk
A type of negligence in which both the plaintiff and the responsible health care provider can be viewed as sharing responsibility for an adverse outcome

comparative negligence

In forensic medicine, negligence of the plaintiff and defendant measured in terms of percentages. Damages awarded are decreased in proportion to the plaintiff's amount of negligence provided it is less than that of the defendant.
Synonym: comparative fault.
References in periodicals archive ?
b) Where the comparative negligence of the parties in any such action is an issue, the jury shall return special verdicts.
In the actual case from which the example was drawn, the court found that the client was neither contributorily negligent as a matter of law so as to prevent recovery by the client nor sufficiently negligent to decrease recovery under the comparative negligence.
Use the following instruction in cases with a comparative negligence defense and an apportionment of a non-party defense:
Lastly, Part V presents a possible balancing test that courts could employ in evaluating sports participation personal injury cases under a comparative negligence framework.
The Florida Supreme Court had long before abolished the doctrine of contributory negligence (28) in favor of a pure form of comparative negligence in which "each party is apportioned liability based on its percentage of fault.
These comparative negligence systems vary among the states; however, there are basically two different applications.
In Smith, the panel found for the plaintiff on negligence, for the defendant doctor on causation, and for the plaintiff on comparative negligence.
THE SUPREME COURT OF TENNESSEE HELD THAT THE DOCTRINES OF CONTRIBUTORY AND COMPARATIVE NEGLIGENCE DO NOT APPLY IN MALPRACTICE CASES.
We use accident data from the 1997 Insurance Research Council Closed Claim Survey to test for relationships between fault assessment and gender, age, and state comparative negligence rules.
They highlight the most frequently used defenses, which primarily focus on workers' compensation statutes and preemption, disproving the doctrine of respondeat superior, and proving contributory and comparative negligence.
The verdict was reduced by 40% comparative negligence of the youngster to $3.
Did you know that only 3 percent of claims are closed with a comparative negligence assessment?

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