Section 11.16 Comparative Negligence
| Library | Tort Law 2016 |
B. (§11.16) Comparative Negligence
The general maritime law applies the doctrine of comparative negligence in all instances. In an action brought in a state court or a federal district court under diversity of citizenship in a jurisdiction that applies contributory negligence principles, the general maritime law mandates that comparative negligence principles be applied. Pope & Talbot v. Hawn, 346 U.S. 406 (1953). The comparative negligence of the plaintiff must be pleaded as an affirmative defense. Gilmore v. Witschorek, 411 F. Supp. 491 (E.D. Ill. 1976).
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