Kansas Jury Instruction - 1.1 Comparative Negligence Defense
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FAQ
The doctrine of comparative negligence applies in the majority of states with the exception of Maryland, Virginia, Alabama, and North Carolina, which use contributory negligence rules.
Kansas operates under a modified comparative fault rule. Under Kansas law, your compensation is reduced by the percentage of fault assigned to you for the accident. However, if you are more than one-half responsible for the cause of the accident, Kansas law bars you from receiving any compensation from the other party.
The most common negligence defenses are contributory negligence, comparative negligence, and assumption of risk.
Only four states and the District of Columbia recognize the contributory negligence rule: Alabama, Maryland, North Carolina, and Virginia.
Kansas follows the 51% rule of modified comparative negligence when it comes to personal injury cases involving negligent drivers. So what does this mean for those who have been in an accident? Well, it means that if you are found 51% or more at fault for your injuries, you cannot recover compensation.
The Elements of Negligence The defendant owed a duty to act or refrain from acting; They breached that duty; This breach of duty caused the plaintiff to be injured; The defendant's actions or omissions were a reasonably foreseeable cause of the plaintiff's injuries; and.
Comparative negligence states use the assigned blame to limit the amount of damages a plaintiff can recover. For example, if the judge assigns 70% fault to the defendant and 30% to the plaintiff, the plaintiff may only be able to recover 70% of the damages, rather than the full 100%.
Comparative Negligence For example, if a plaintiff's total damages are $100,000, and the plaintiff is 25% at fault, the plaintiff can recover $75,000 of the damages and will be responsible for $25,000. Even if the plaintiff is 99% responsible for the accident, he or she can recover 1% of the damages.