Quote:
Originally posted by basuri
Does someone know if California is a modified comparative negligence states ? |
My response:
California adheres to a "pure" comparative fault system. The trier of fact determines what percentage of the fault that caused the injuries was attributable to plaintiff, and then reduces gross damages by that percentage. Thus, some amount of damages is recoverable even if plaintiff's negligence is equal to or greater than defendant's. [BAJI Nos. 14.90, 14.91; Li v. Yellow Cab Co., (1975) 13 Cal.3d 804, 827-829, 119 Cal.Rptr. 858, 874-876; and see Zavala v. Regents of Univ. of Calif. (1981) 125 Cal.App.3d 646, 178 Cal.Rptr. 185--plaintiff 80% at fault could recover 20% of damages]
IAAL
Linear Mode
