New Hampshire 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.
There are generally three types of comparative negligence: contributory negligence, pure comparative negligence, and modified comparative negligence.
Modified Comparative Negligence: Under the 50 percent bar rule: the plaintiff may not recover damages if they are found to be 50% or more at fault. Under the 51 percent bar rule: the plaintiff may not recover damages if they are assigned 51% or more of the fault.
Pure comparative negligence example: Driver 1 and Driver 2 get into an accident in New York. 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.
New Hampshire Modified comparative negligence. A plaintiff 51% or more at fault cannot recover. A plaintiff 50% or less at fault can recover in proportion to their amount of fault.
The four main types of negligence include: Comparative Negligence. In many cases, both parties can be found partially at fault in an incident. ... Contributory Negligence. ... Gross Negligence: This is an egregious, reckless form of negligence that disregards the safety and well-being of others. ... Vicarious Negligence.
Under the legal doctrine of comparative negligence, a victim who was partly responsible for the incident that led to harm can only recover part of their damages. And, in some cases, they cannot recover at all depending on how much of the blame lies with them.
Partial Comparative Negligence: A concept which completely bars recovery if the plaintiff's percentage of fault is greater than the defendant's percentage of fault.