What Is Comparative Negligence?
Defining the Legal Term
The Impact of comparative negligence doctrine on other rules:
You may have heard the term “comparative negligence” and not fully understood its meaning. When you’re working with an attorney, it’s a term that comes up from time to time and it’s not always straightforward. In short, it’s a legal defense that can influence the damages the plaintiff receives in a claim.
• Last Clear Chance: Under comparative negligence, the last clear chance doctrine is generally abolished.
• Wanton or Reckless Conduct by Defendant: Such conduct apparently will not affect the comparative negligence doctrine, i.e., the plaintiff’s recovery can still be reduced. But the plaintiff’s negligence is not a factor if the defendant acted intentionally.
To start, there are different forms of comparative negligence.
• “Pure” comparative negligence: Under a pure comparative negligence claim, the plaintiff may recover the percentage of damages for which the defendant is liable, even when the plaintiff’s negligence exceeds the defendant’s. • “Partial” comparative negligence: Under a partial comparative negligence claim, the plaintiff may recover the percentage of damages for which the defendant is liable only if the plaintiff’s own negligence falls below a certain threshold. If there is more than one defendant, most states require that the plaintiff’s negligence be less than the negligence of any of the defendants. A few states permit recovery if the plaintiff’s negligence is less than that of the aggregate.
• Avoidable Consequences: Total relevant fault is apportioned. Thus, failure to mitigate damages is no longer charged solely to the plaintiff.
• Rescuers: Most courts do not allow a rescuer’s negligence to result in a reduction in the rescuer’s award.
• Res ipsa loquitur: Most states no longer require plaintiffs to show freedom from contributory negligence as part of a res ipsa loquitur case.
• Punitive Damages: Plaintiff may not recover punitive damages where the jury has attributed more fault to the plaintiff than to the defendant.
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The Philippines In the Philippines, Valentine’s Day isn’t just a day to say “I love you.” It’s a day to say “I do!” Mass weddings on Feb. 14 have become incredibly popular. In 2010, over 1,500 couples dressed in white and were married simultaneously in a free ceremony in Caloocan City. Three years later, 4,000 couples decided to tie the knot on Valentine’s Day 2013. France You may consider Paris the ultimate romantic destination, but when it comes to Valentine’s Day, a small village 160 miles south of the City of Lights is where you want to be. Saint-Valentin is home to less than 300 people, and on Valentine’s Day, they do their namesake proud. During the week leading up to Feb. 14, locals decorate their homes with hearts and flowers and cover trees with love notes. Many couples come to be married in the village’s “Jardin des Amoureux,” or “Lovers’ Garden.” Whether you’re married or single, there’s always a reason to celebrate Valentine’s Day. This year, why not try your hand at crafting homemade chocolate, write a humorous poem, or eat black bean noodles with your single friends? You might just find a new tradition to fall in love with.
Bacon-Wrapped Tater Tot Bombs
Sure, your showoff pal can wrap a tater tot with a piece of bacon and call it “The Daniel,” but you can take it a step further. Prepare a couple batches of these savory snacks for your Super Bowl party or the next family get-together. Snag a few for yourself before they disappear!
INGREDIENTS
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2 cups frozen tater tots, defrosted 1 ounce sharp cheddar, cut into 1/4-inch squares
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4 slices bacon, quartered 1/4 cup brown sugar 1 tablespoon chopped parsley
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INSTRUCTIONS
1. Heat oven to 400 F. Line a baking sheet with parchment paper and set aside. 2. Press a cheese square into each tot, then wrap with a piece of bacon. Dredge each tot in brown sugar. 3. Place tots seam side down on baking sheet. Bake for 20–25 minutes, using metal tongs to turn halfway through. 4. Garnish with parsley, if desired, and serve immediately.
–Gregory Herrman
Happy Valentine’s Day!
(Recipe inspired by ThisGrandmaIsFun.com.)
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