Transcription of COMPARATIVE NEGLIGENCE RULES & BI/PD …
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COMPARATIVE NEGLIGENCE RULES & BI/PD STATUTES OF LIMITATIONS Key 50% Rule. Plaintiff may recover as long as the plaintiff is not more at fault than the defendant; (if liability is 50-50, the plaintiff may recover.) Pure. Plaintiff may recover the percentage of damages caused by the defendant, no matter the percentage of fault attributed to the plaintiff. 49% Rule. Plaintiff may not recover if the plaintiff is equally or more at fault than the defendant; (if liability is 50-50, the plaintiff cannot recover.) No COMPARATIVE NEGLIGENCE . Plaintiff cannot recover if any percentage of fault is attributed to the plaintiff.
Key 50% Rule. Plaintiff may recover as long as the plaintiff is not more at fault than the defendant, i.e., if liability is 50-50, the plaintiff may recover.
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