<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by Kaboom:
Is Michigan a "contributory negligence" state? I have browsed through the resources on this site and I was unable to find anything about contributory negligence. Thanks!
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Contributory negligence
In states with contributory negligence, if the plaintiff's own carelessness or recklessness contributed to his or her injury, the defendant is not liable. For example, suppose someone slips and falls in an icy parking lot, but at the time of the fall, the individual was horsing around with friends. While the landowner is responsible for cleaning and salting the area, the individual's own negligence contributed to the accident. Therefore, in a state that allows the contributory negligence defense, the defendant may not be liable.
Even if the plaintiff has been found contributorily negligent, however, the legal theory of "last clear chance" may provide the plaintiff with a counter-defense to contributory negligence. In last clear chance, the plaintiff asserts that although he or she was contributorily negligent, the defendant is still liable because he or she didn't take advantage of the last clear chance to avoid the harm.
Example: Suppose you carelessly back out of your driveway without looking for oncoming traffic. One day, your neighbor sees you backing out and, instead of slowing down to avoid hitting you, he or she speeds up to try to get around your car. If your neighbor crashes into your car, you may assert the "last clear chance," arguing that your neighbor could have slowed down to avoid the accident right before it occurred.
States with contributory negligence are:
Alabama North Carolina
District of Columbia South Dakota
Maryland Virginia
Comparative negligence
If a state allows the comparative negligence defense, the judge or jury determines how the plaintiff's carelessness compares to the defendant's carelessness. If the plaintiff is found partially at fault for an accident, he or she has not lost the case altogether. Comparative negligence is simply used to calculate the degree of the plaintiff's negligence and, as a result, reduce the plaintiff's claim reward. In "pure" comparative negligence, the award of damages to the plaintiff will be reduced in direct proportion to the plaintiff's percentage of fault, no matter what the ratio.
For instance, if you are 30 percent at fault for an accident, you could recover 70 percent of your damages. If you are 70 percent at fault for an accident, you could recover only 30 percent of your damages. In states that have adopted pure comparative negligence, your claim reward is reduced by your percentage of fault--even if your percentage of fault exceeds the defendant's.
States with "Pure" comparative negligence are:
Alaska Mississippi
Arizona Missouri
California New Mexico
Florida New York
Kentucky Rhode Island
Louisiana Washington
Michigan
"Modified" comparative negligence
Some states have a modified form of comparative negligence. Under this defense, if the plaintiff is found to be more than 50 percent or 49 percent (depending on the state) at fault, he or she cannot collect any money on the claim. For example, if a plaintiff is found to be 40 percent at fault, he or she would recover 60 percent of his or her damage. If, on the other hand, the plaintiff is found to be 60 percent at fault, he or she would recover nothing because his or her fault is greater than that of the defendant. Modified comparative negligence precludes a plaintiff from recovering damages if the plaintiff's percentage of fault is equal to--or greater than--the defendant's.
States with "modified" comparative negligence are:
Arkansas Nevada
Colorado New Hampshire
Connecticut New Jersey
Delaware North Dakota
Georgia Ohio
Hawaii Oklahoma
Idaho Oregon
Illinois Pennsylvania
Indiana South Carolina
Iowa Tennessee
Kansas Texas
Maine Utah
Massachusetts Vermont
Minnesota West Virginia
Montana Wisconsin
Nebraska Wyoming
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