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ARBITRATION AWARD (Comparative Negligence is in Issue) ARBITRATION AWARD (Comparative Negligence is in Issue) This matter having been arbitrated in accordance with the Hawaii Arbitration Rules, as amended, the Arbitrator finds as follows: 1. Liability. The Arbitrator determines that Comparative Negligence is in issue and finds as follows: % of Negligence of Plaintiff % % of Negligence of Defendant % Total Reprographics (07/2016) 1C CommonLook 508 Certified 100 % ARB 18 1C-P-.

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Comparative negligence is used to assign blame in auto accidents by determining or apportioning fault between the plaintiff and defendant in an accident. Damages for accidents are awarded proportionally based on degrees of determined negligence.

Hawaii law also employs a doctrine known as "modified comparative negligence." Generally, this means that a plaintiff can't recover damages if they are more at fault than the defendant, and any possible financial recovery will be diminished in proportion to the plaintiff's proven fault, if any.

A defendant has the burden of proving comparative negligence. The defendant must show the plaintiff acted below the level of care a reasonable person would have shown and that these actions on the part of the plaintiff were a contributing factor to injuries the plaintiff sustained. What Is Comparative Negligence? – Forbes Advisor Forbes https://.forbes.com › legal › personal-injury › com... Forbes https://.forbes.com › legal › personal-injury › com...

Driver 1 has $1000 worth of damages and is found to be 47% at fault for the accident. Driver 2 has $700 in damages and is found to be 53% at fault for the accident. Both drivers get to collect compensation for their damages, but only the percentage of the accident that they were not at fault for. What Is Comparative Negligence? How Can It Impact a Case? blockotoole.com https://.blockotoole.com › negligence › comparativ... blockotoole.com https://.blockotoole.com › negligence › comparativ...

However, the plaintiff will not be entitled to receive any damages if they are 50 percent or more responsible for the injury. Hawaii uses a modified comparative negligence model with a 51 percent bar. Comparative & Contributory Negligence Laws: 50-State Survey justia.com https://.justia.com › injury › negligence-theory › co... justia.com https://.justia.com › injury › negligence-theory › co...

Comparative negligence is a tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim ing to the degree of negligence each party contributed to the incident. comparative negligence | Wex | US Law | LII / Legal Information Institute cornell.edu https://.law.cornell.edu › wex › comparative_neglig... cornell.edu https://.law.cornell.edu › wex › comparative_neglig...

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Content Takedown Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232