ROIG Lawyers Orlando Partner Presents Continuing Education Course titled "Comparative Negligence Law"
WhenMarch 16, 2016
10:00am — 12:00pm
States have arrived at different conclusions on how to treat this doctrine. Some states only allow courts to apportion certain damages (i.e., only non-economic damages) to non-party tort-feasors. Other states have a percentage of fault ceiling for plaintiff recovery whereby he will not recover if the jury finds that his contribution was more than a legislatively determined percentage of fault. Finally, some states also have different types of contribution laws, where a plaintiff can recover from one defendant who can then obtain contribution from other defendants. Furthermore, there are different variations of comparative fault doctrines, including both pure and modified comparative fault.
Regardless of these permutations and combinations of comparative negligence law, the problem that this addresses remains constant: to whom does the jury apportion negligence? It is this determination that is affected by the state legislature's definition and the court's interpretation of the word "party" in the language of the comparative negligence statute.