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If you are looking to hire a lawyer in Oak View, California to handle your personal injury, our video will help you to better understand how to choose the right law firm for your case.
In our video we are glad to help you understand Comparative Fault Systems better!
The concept of negligence was developed under English Law and emerged as an independent cause of action in the 18th Century. Negligence is defined as “Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm”.
Comparative Fault Systems fall into three basic types:
3. Modified Negligence
Let us introduce some Rules and explain how they work:
a) Pure Contributory Negligence Rule – a damaged party CANNOT recover ANY damages if they are EVEN 1% AT FAULT. (Watch our video for examples)
NOTE: Only five (5) states (Alabama, District of Columbia, Maryland, North Carolina and Virginia) recognize the Pure Contributory Negligence Rule.
b) Pure Comparative Fault Rule — a damaged party is permitted to recover even if they are 99% at fault. Under this rule, the amount of the recovery would be reduced by the damaged party’s degree of fault. (Watch our video for examples)
NOTE: Thirteen (13) states (Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota and Washington) recognize the Pure Comparative Fault Rule.
c) Modified Comparative Fault Rule — there are two different applications of this rule:
50% Bar Rule – a damaged party cannot recover if they are 50% or more at fault. Under this application, the recovery amount is reduced by the damaged party’s degree of fault. (Watch our video for examples)
NOTE: Eleven (11) states (Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Oklahoma, Tennessee, Utah and West Virginia) follow the 50% Bar Rule.
51% Bar Rule – a damaged party cannot recover if they are 51% or more at fault but can recover if they are 50% or less at fault. Under this application, the recovery amount is reduced by the damaged party’s degree of fault. (Watch our video for examples)
NOTE: Twenty-One (21) states (Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin, and Wyoming) follow the 51% Bar Rule.
Need help to figure this all out? For more specific information concerning YOUR case we advise you to address a qualified attorney in the state in which your accident occurred. Search for help on Legal Bistro http://www.legalbistro.com! The service is 100% free for consumers and you remain anonymous throughout the entire process of finding the right lawyer.
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