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 ?
The background is divided into three broad sections: the alternative forms of comparative negligence, the history of comparative negligence with an emphasis on the slight-gross rule, and South Dakota slight-gross history.
The following sections of the statute have been interpreted as creating the one-action rule, which bars a plaintiff who has secured a comparative negligence determination against one or more defendants from bringing a subsequent negligence action against other defendants for injuries arising from the same transaction:
In noting that "Michigan has adopted comparative negligence both judicially and legislatively," the court engaged in a careful analysis of Michigan law and the law in "sister jurisdictions" around the country to determine if an award of exemplary damages arising from a defective product could be reduced by the application of comparative fault.
A plaintiffs choice of action might also limit accountants' available lines of defense; in a contract action, for example, the invocation of comparative negligence is typically unavailable.
The standard response of the legal system is in the form of the defenses of contributory or comparative negligence that allow courts to reject or reduce claims where the victim's behavior contributed to the harm complained of and thereby shift part of the losses to the victim.
38) Specifically, the court noted that if New Jersey abrogated its quasi-assumption of risk rule in favor of a pure form of comparative negligence, then the result might be different.
Lastly, Part V presents a possible balancing test that courts could employ in evaluating sports participation personal injury cases under a comparative negligence framework.
was negligent in its design of the lawn mower, whether it provided adequate warnings concerning its use and whether there was any comparative negligence on Mr.
Absent a reasonable response by patients, this project considers whether comparative negligence attaches.
Rindner granted the Perezes' request for a directed verdict of comparative negligence, and a jury awarded lost wages and noneconomic damages.

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