Flashcards in 9 Affirmative Defenses Deck (5)
How does a D assert Comparative Negligence?
The D offers evidence that the P did not exercise adequate care for his own safety
Reasonable care for your own safety
What is the D successfully asserts that P failed to use reasonable care?
If D offers evidence that P failed to use reasonable care for his own safety, the jury is tasked with assigning each a percentage, and the P’s recovery is reduced by the P’s percentage of fault.
Modified or Partial Comparative negligence
P’s fault over 50% is an absolute bar to recovery