Personal Injury Law


What are the different forms of comparative negligence?

The two different forms of comparative negligence are: (1) pure comparative negligence; and (2) modified comparative negligence. In a pure comparative negligence system, a plaintiff can recover damages even if he or she is 80 percent at fault. In other words, the plaintiff can recover damages no matter what his or her percentage of fault, as long as it is less than 100 percent.

In a modified comparative negligence system, some states apply a 50 percent rule and some apply a 51 percent rule. In a 50 percent rule, a plaintiff can recover as long as his or her negligence is less than 50 percent of the fault. In a 51 percent rule, a plaintiff must be 49 percent or less at fault in order to recover.


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