COMPARATIVE NEGLIGENCE RULES & BI/PD …

1 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.

2 See note per states. " COMPARATIVE NEGLIGENCE " is the legal term for the doctrine in the law of NEGLIGENCE that compares the degree of NEGLIGENCE of the plaintiff and the defendant. This survey of state laws is a quick reference guide that should only be used as a starting point in researching the applicable law to a given situation. Depending on the facts of each situation, there may be additional legal authority which impacts the analysis of a particular case. Key This is a general survey of state statutes through 10/24/12. This listing may not reflect statutory changes or court decisions which may modify the scope or import of the statutes listed above.

3 This document should not be constructed as an attempt to offer or render a legal opinion or provide legal advice. 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.

4 See note per states. State COMPARATIVE NEGLIGENCE Statute of Limitations Notes Alabama No COMPARATIVE NEGLIGENCE . Contributory NEGLIGENCE upheld. Norfolk Southern Ry. Co. v. Johnson, 75 624 (Ala. 2011). Personal injury: 2 years. Property damage: 2 years. Ala. Code 6-2-38(l). Alaska Pure. Alaska Stat. Personal injury: 2 years. Property damage: 2 years. Alaska Stat. Arizona Pure. Contributory NEGLIGENCE or assumption of risk are defenses, which, if applied by a jury, diminish damages in proportion to contributory fault. Ariz. Rev. Stat. Ann. 12-2505. Personal injury: 2 years. Property damage: 2 years.

5 Ariz. Rev. Stat. Ann. 12-542. Two-year limitations period for wrongful death actions is unconstitutional; "discovery rule" applies to such actions. Anson v. American Motors Corp., 747 581 (Ariz. Ct. App. 1987). Arkansas 49% Rule. Ark. Code Ann. 16-64-122 Personal injury (general): 3 years. Property damage: 3 years. Ark. Code Ann. 16-56-105. California Pure. Doctrine of COMPARATIVE NEGLIGENCE is preferable. Li v. Yellow Cab Co., 119 Cal. Rptr. 858 (Cal. 1975). Personal injury: 2 years. Cal. Civ. Proc. Property damage: 3 years. 338. Colorado 49% Rule. Colo. Rev. Stat. 13-21-111 Personal injury: 2 years.

6 Property damage: 2 years. Colo. Rev. Stat. 13-80-102. Connecticut 50% Rule. Conn. Gen. Stat. 52-572h Personal injury: 2 years. Conn. Gen. Stat. damage: 2 years. 52-584. Delaware 50% Rule. Del. Code Ann. tit. 10 8132 Personal injury: 2 years. Del. Code Ann. tit. 10 8119. Property damage: 2 years. 8107. District of Columbia No COMPARATIVE NEGLIGENCE . Contributory NEGLIGENCE upheld. Wingfield v. People's Drug Store, Inc., 379 685 ( 1977). Personal injury: 3 years. Property damage: 3 years. Code 12-301. Florida Pure. Fla. Stat. Personal injury: 4 years. Property damage: 4 years.

7 Fla. Stat. Georgia 49% Rule. Ga. Code Ann. 51-12-33 Personal injury: 2 years. Ga. Code Ann. 9-3-33. Plaintiff's failure to exercise ordinary care to avoid Key This is a general survey of state statutes through 10/24/12. This listing may not reflect statutory changes or court decisions which may modify the scope or import of the statutes listed above. This document should not be constructed as an attempt to offer or render a legal opinion or provide legal advice. 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.

8 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. See note per states. Property damage: 4 years. 9-3-30. injury caused by defendant's NEGLIGENCE is a complete defense. Ga. Code Ann. 51-11-7. Hawaii 50% Rule. Haw. Rev. Stat. 663-31. Personal injury: 2 years.

9 Property damage: 2 years. Haw. Rev. Stat. 657-7. Idaho 49% Rule. Idaho Code Ann. 6-801 Personal injury: 2 years. Idaho Code Ann 5-219. Property damage: 3 years. 5-218. Illinois 50% Rule. 735 Ill. Comp. Stat. 5/2-1116 Personal injury: 2 years. 735 Ill. Comp. Stat. 5/13-202. Property damage: 5 years. 735 Ill. Comp. Stat. 5/13-205. Indiana 50% Rule. Ind. Code 34-51-2-5, 34-51-2-6 Personal injury: 2 years. Ind. Code 34-11-2-4. Property damage: 6 years. 34-11-2-7. Iowa 50% Rule. Iowa Code Personal injury: 2 years. Iowa Code (2). Personal property: 5 years. (4). Kansas 49% Rule. Kan.

10 Stat. Ann. 60-258a Personal injury: 2 years. Property damage: 2 years. Kan. Stat. Ann. 60-513(a). Kentucky Pure. Ky. Rev. Stat. Ann. Personal injury: 1 year. Ky. Rev. Stat. Ann. Property damage: 5 years. Louisiana Pure. La. Civ. Code. Ann. Art. 2323 Personal injury: 1 year. La. Civ. Code. Ann. art. 3492. Property damage - 1 year. art. 3493. Maine 49% Rule. Me. Rev. Stat. Ann. tit. 14, 156. Personal injury: 6 years. Property damage: 6 years. Me. Rev. Stat. Ann. tit. 14, 752. Maryland No COMPARATIVE NEGLIGENCE . Contributory NEGLIGENCE upheld.