Contributory & Comparative Negligence
Scenario One:
Let’s say that you went to a store and you’re walking down the aisle and you slip and fall on water dripping from the freezers and bust your hip. You were a normal patron doing a normal activity, it’s totally the stores fault that the floor was wet.
Scenario Two:
What if, you were at the store, saw an “associates only, store patrons do not enter” sign on a door in the back, and you went in the door, slipped on water dripping from the AC Unit and fell and busted your hip.
In both cases, you decided to sue. For scenario one, you will be able to sue with no issues and can most likely expect a pay out for your medical bills.
For scenario two, things aren’t so simple, you are deemed negligent because you entered a door you weren’t supposed to go into. It will depend on the laws of the state as to how the case will pan out.
If you’re in a Comparative Negligence state, they will say that you were somewhat at fault and you cannot collect 100% of your medical bills from the store, but you can get some, maybe. You will have to fight in court, but the things is, you do have the chance to take it to court.
If you’re in a Contributory Negligence state, you will not be able to sue at all, because you were in some way responsible for your injuries by going thru the door you were not supposed to go in to. Contributory states are so intense even just being 1% at fault will stop the case from going to court.
So in summary:
- Comparative – you can be at fault, but you will be responsible for your share of the injuries, while the other party is liable for their share.
- Contributory – by being a fault in anyway, you cannot hold another party liable at all.
Recommended: Gold
The GOLD Course is ALWAYS the recommended class series for all students as it teaches the material in more depth. Over 30 hours of the most in depth classes with a more intensive teaching of the topic. Learn more about P&C GOLD
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