Comparative negligence – if a Δ wants to introduce that into the case Δ will introduce evidence that Π has failed to use proper care for his own safety.
- Normally you must behave as a reasonably prudent person, and you must observe all statutes.
- If the Δ alleges that Π failed to exercise care for his own safety, jury will be asked to compare conduct—the fault of each party— and assign each litigant a percentage number. Π’s recovery will then be reduced in accordance.
- Two kinds of comparative negligence—
- PURE COMPARATIVE NEGLIGENCE - we go strictly by the numbers and that Π always recovers something even if Π is guilty of the majority of the fault. In NY, there is comparative negligence unless Π is engaged in serious criminal activities at the time of his injuries
- MODIFIED(or Partial) COMPARATIVE- (occasionally tested on MBE by name): Π fault of under 50% reduces Π’s recovery. Π’s fault over 50% is an absolute bar and Π gets nothing.