Comparative Negligence

News & Analysis as of

Practical Guidance on Application of Caps on Non-Economic Damages and Punitive Damages

In 2011, Tennessee joined a growing number of states that passed tort reform. In Particular Tennessee Code Annotated § 29-39-102 provides for caps on non-economic damages and Tennessee Code Annotated § 29-39-104 provides for...more

Client Alert: First Responders May Not Assert Comparative Negligence of Plaintiff for Pre-Accident Conduct

In Harb v. City of Bakersfield (No. F066839, filed 1/23/2015), the California Court of Appeal, Fifth Appellate District, held that where a plaintiff is seeking damages only for aggravation or enhancement of an injury or...more

Practitioners Beware - Unfavorable Allegations And Disclosure Can Be Used Against Your Client

Arizona is a pure comparative fault state, which allows the finder of fact to apportion fault to parties and non-parties alike. As a general rule, defendants will only be responsible for their apportioned share of fault –...more

Product Liability Update - October 2014

In this Issue: - Massachusetts Appeals Court Holds Trial Court Properly Instructed Jury on Absolute “Unreasonable Use” Warranty Defense Where Plaintiff Ignored Warning Label and Safety Manual and Had Been Drinking, and...more

The Law of Comparative Negligence & Minors in South Carolina

From time to time, in both the retail and hospitality settings, we assist clients who have either been sued or threatened with suit arising from claims involving injury to a minor. The alleged injuries can be very serious,...more

Recent Developments in New Jersey Product Liability Law

As 2014 begins, it is important to note the developments in New Jersey law over the past year that may affect product liability litigation. Two of the more interesting decisions rendered during the past year are Town of...more

Supreme Court of Kentucky Effectively Abrogates the Open-and-Obvious-Danger Doctrine

Two seminal opinions on premises liability law issued by the Supreme Court of Kentucky have substantially redefined the open-and-obvious-danger doctrine, with significant implications for premises liability claims. ...more

Maryland’s Highest Court Rules It Would Be Contrary to Legislative Mandates for the Maryland Judiciary to Abrogate the...

Writing for the majority in James K. Coleman v. Soccer Association of Columbia (No. 9, September Term, 2012), Judge John C. Eldridge explained that, even though the court has the authority to abrogate the contributory...more

Defendants in New Jersey Construction Case May Seek Contribution Credits for Fault of Co-Defendants Dismissed Under the 10-Year...

The New Jersey Supreme Court recently held that when claims against certain defendants are dismissed by virtue of the New Jersey 10-year statute of repose, fault may still be apportioned to the dismissed defendants under the...more

Michigan Comparative Negligence in Auto Accidents

Early last month a man from Bangor lost part of his left leg after his motorcycle collided with a van in Van Buren County. The van was driven by a man named Watkins, who had apparently stopped at the stop sign, and then moved...more

Injured in an Accident? Did You Do Anything to Cause the Accident? Then, $0 For You In Maryland!

Maryland’s highest court, the Court of Appeals, has ruled that if you contribute to your claimed injuries, even if the other party is primarily at fault, then you cannot recover damages for your injuries. This doctrine,...more

A Pedestrian Struck Outside Of A Crosswalk Can Still Bring A Personal Injury Claim

If a pedestrian in Oklahoma is struck by a vehicle while walking outside of the crosswalk, he or she is not barred from filing a lawsuit to receive compensation for injuries that occurred as a result....more

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