Define: Modified-Comparative-Negligence Doctrine

The Modified-Comparative-Negligence Doctrine is a legal principle used in personal injury cases to determine the degree of fault and liability between the parties involved. It allows for the allocation of damages based on the percentage of fault assigned to each party.

Under this doctrine, the court assesses the negligence of each party involved in an accident or injury. If a plaintiff is found to be partially at fault, their recovery of damages is reduced by their percentage of fault. However, if the plaintiff’s fault exceeds a certain threshold (usually 50%), they may be barred from recovering any damages.

The doctrine aims to ensure fairness in personal injury cases by assigning liability proportionally to each party based on their degree of fault. It prevents a party who is mostly responsible for their own injuries from recovering full damages from another party.

Fault is typically determined by the court or a jury based on the evidence presented during the trial. Factors such as witness testimonies, expert opinions, and relevant laws are considered to establish the percentage of fault for each party.

Yes, some states follow a different doctrine called Pure Comparative Negligence, which allows a plaintiff to recover damages even if they are 99% at fault. However, most states have adopted the Modified-Comparative-Negligence Doctrine.

While the doctrine is primarily used in personal injury cases, some states may apply it to other types of cases involving negligence, such as property damage or professional malpractice.

No, the Modified-Comparative-Negligence Doctrine is not applicable in criminal cases. It is a civil law principle used to determine liability and damages in personal injury lawsuits.

In some cases, parties may agree to waive or modify the application of the doctrine through a contract. However, such agreements must be clear, voluntary, and not against public policy to be enforceable.

Insurance companies may consider the doctrine when evaluating claims, especially if the insured party is found to be partially at fault. However, the final determination of fault and liability is typically made by the court or a jury.

Yes, like any legal decision, the application of the Modified-Comparative-Negligence Doctrine can be appealed if there are grounds to challenge the court’s determination of fault or the percentage of damages awarded.