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§5.03 Tort Law—Comparative Negligence

Lesson 5: Tort & Contract Law

Comparative negligence results in the reduction of damages in proportion to the amount of negligence attributable to the plaintiff. In applying the doctrine of comparative negligence:

  • Determine the total damages to which the plaintiff would be entitled if he or she were not contributorily negligent;

  • Determine what percentage of the total combined negligence of the plaintiff, and all defendants whose negligence contributed to the plaintiff’s injury, is attributable to the plaintiff; and

  • Reduce the total amount of the plaintiff’s damages by the percentage of negligence attributable to the plaintiff.
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