Defenses to Negligence

Question 1

Contributory Negligence

Answer 1

If Plaintiff was responsible for any %, Plaintiff cannot recover

Question 2

Pure Comparative Fault

Answer 2

if plaintiff was negligent, damages reduced by plaintiff’s % of fault

Question 3

Moderate / Modified Comparative

Answer 3

if plaintiff is up to 50% liable, will recover but damages reduced by plaintiff’s % of fault

51% or more = plaintiff cannot recover