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2 Cards in this Set
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What is Comparative Fault?
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A partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff's own negligence contributed to cause the injury.
Applied in the majority of states. |
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What is Contributory Negligence?
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It applies to cases where a plaintiff/claimant has, through his own negligence, contributed to the harm he suffered. For example, a pedestrian crosses a road negligently and is hit by a driver who was driving negligently.
Contributory negligence is often regarded as unfair because under the doctrine a victim who is at fault to any degree, including only 1% at fault, may be denied compensation entirely Only 5 states still apply contributory negligence including North Carolina. |
