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 (C)</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 (B)</p> Signup and view all the answers

Which of these states follows the pure comparative negligence rule?

<p>California (B)</p> Signup and view all the answers

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

<p>Tort Law (B)</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 (B)</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 (A)</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 (A)</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 (A)</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 (B)</p> Signup and view all the answers

Under comparative negligence, who determines the percentage of fault?

<p>The judge or the jury (C)</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 (C)</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 (B)</p> Signup and view all the answers

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