Comparative Liability Cases
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Questions and Answers

What principle is applied when determining fault in comparative liability?

  • Joint Liability
  • Contributory Negligence
  • Proportional Fault (correct)
  • None of the above

    • In a pure comparative negligence state, a plaintiff who is 90% at fault can recover what percentage of damages?

  • 0%
  • 10% (correct)
  • 90%
  • 50%

    • Under modified comparative negligence, the '51% bar rule' means:

  • A plaintiff can't recover if they are 51% or more at fault (correct)
  • A plaintiff can recover even if 51% at fault
  • Only applies if both parties are equally at fault
  • None of the above

    • What is a key difference between comparative and contributory negligence?

    <p>In contributory negligence, any fault bars recovery</p> Signup and view all the answers

    What type of damages are typically reduced based on the plaintiff's percentage of fault?

    <p>Economic damages</p> Signup and view all the answers

    Which of these states follows the pure comparative negligence rule?

    <p>California</p> Signup and view all the answers

    Comparative negligence is most commonly applied in which type of law?

    <p>Tort Law</p> Signup and view all the answers

    In comparative negligence, how is a plaintiff's recovery affected if they were texting while driving and got injured?

    <p>Recovery is reduced by the plaintiff’s fault percentage</p> Signup and view all the answers

    Which of the following is NOT a factor in determining fault in comparative negligence?

    <p>The severity of the injury</p> Signup and view all the answers

    What is the '50% bar rule' in comparative negligence?

    <p>Plaintiff recovers only if less than 50% at fault</p> Signup and view all the answers

    In a car accident case under comparative negligence, if a plaintiff is found 30% at fault, how is their damage award of $100,000 adjusted?

    <p>Reduced to $70,000</p> Signup and view all the answers

    Does the concept of comparative negligence apply in all U.S. states?

    <p>No, some states use contributory negligence</p> Signup and view all the answers

    Under comparative negligence, who determines the percentage of fault?

    <p>The judge or the jury</p> Signup and view all the answers

    In product liability cases under comparative negligence, if a plaintiff's misuse contributed to the harm, what happens?

    <p>The plaintiff’s damages may be reduced</p> Signup and view all the answers

    What impact did the Li v. Yellow Cab Co. decision have on California's negligence law?

    <p>Introduced the concept of pure comparative negligence</p> Signup and view all the answers

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