Section 10.67 Comparative Fault

• Library: Tort Law 2016

1. (§10.67) Comparative Fault

Comparative fault is likely to arise in a products case when the pilot is the plaintiff and the defendant alleges pilot error. There is a presumption that the plaintiff was exercising due care, in the absence of contrary evidence, and the jury may be instructed on this presumption. Monger v. Cessna Aircraft Co., 812 F.2d 402 (8^th Cir. 1987) (slight evidence is sufficient to overcome the presumption).

Under the common-law rules applicable to strict liability cases, if a defect is proved to...