Kansas Jury Instruction - 2.2 With Comparative Negligence Defense
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FAQ
Comparative negligence is a partial defense to personal injury liability. If a defendant is sued, the defendant can raise this defense by claiming the plaintiff was partly responsible for injuries. The plaintiff's compensation is reduced by the percentage of fault they shares.
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 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.
Only four states and the District of Columbia recognize the contributory negligence rule: Alabama, Maryland, North Carolina, and Virginia.
Negligence Defenses - Contributory Negligence and Assumption of Risk.
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.
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.
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.