Section 19 Comparative Negligence
| Library | Prof Liability 2005 |
As stated in §3.18 above, comparative negligence has been favored by many states over contributory negligence. Under this affirmative defense, the jury assesses the relative fault of the parties.
This approach has been well-received for several reasons. First, the effect of comparative negligence is not as harsh as that of contributory negligence. Contributory negligence is an all-or-nothing proposition. But under comparative negligence, the plaintiff may have a partial recovery. Unlike Kansas, in...
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