COMPARATIVE NEGLIGENCE RULES & BI/PD STATUTES OF LIMITATIONS

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1 COMPARATIVE NEGLIGENCE RULES & BI/PD STATUTES OF LIMITATIONS

2 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. not more at fault than the defendant; (if liability is 50-) caused by the defendant, no matter the percentage of equally or more at fault than the defendant; (if liability is 50-50, the plaintiff cannot recover.) negligence. Plaintiff cannot recover if any percentage of fault is attributed to the plaintiff. "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.

3 State Comparative Negligence Statute of Limitations Notes Alabama Negligence. Contributory negligence upheld. Norfolk Southern Ry. Co. v. Johnson, 75 So.3d Ala. Code (l). 624 (Ala. 2011). Alaska Pure. 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 Alaska Stat Ariz. Rev. Stat. Ann Arkansas 49% Rule. Ark. Code Ann Personal injury (general): 3 years. Ark. Code Ann California Pure. Doctrine of comparative negligence is preferable. Li v. Yellow Cab Co., 119 Cal. Rptr. 858 (Cal. 1975). Cal. Civ. Proc Colorado 49% Rule. Colo. Rev. Stat Colo. Rev. Stat Connecticut 50% Rule. Conn. Gen. Stat h Conn. Gen. Stat Delaware 50% Rule. Del. Code Ann. tit Del. Code Ann. tit District of Columbia Negligence. Contributory negligence upheld. Wingfield v. People's Drug Store, Inc., 379 A.2d 685 (D.C. 1977). D.C. Code Two-year limitations period for wrongful death actions is unconstitutional; "discovery rule" applies to such actions. Anson v. American Motors Corp., 747 P.2d 581 (Ariz. Ct. App. 1987). Florida Pure. Fla. Stat Personal injury: 4 years. Property damage: 4 years. Fla. Stat Georgia 49% Rule. Ga. Code Ann Ga. Code Ann Plaintiff's failure to exercise ordinary care to avoid negligence. Plaintiff cannot recover if

4 Property damage: 4 years Hawaii 50% Rule. Haw. Rev. Stat Haw. Rev. Stat Idaho 49% Rule. Idaho Code Ann Idaho Code Ann Illinois 50% Rule. 735 Ill. Comp. Stat. 5/ Ill. Comp. Stat. 5/ Property damage: 5 years. 735 Ill. Comp. Stat. 5/ Indiana 50% Rule. Ind. Code , Ind. Code Property damage: 6 years Iowa 50% Rule. Iowa Code Iowa Code 614.1(2). Personal property: 5 years (4). Kansas 49% Rule. Kan. Stat. Ann a Kan. Stat. Ann (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 Personal injury: 1 year. La. Civ. Code. Ann. art Property damage - 1 year. art Maine 49% Rule. Me. Rev. Stat. Ann. tit. 14, 156. Personal injury: 6 years. Property damage: 6 years. Maryland Negligence. Contributory negligence upheld. Campbell v. Baltimore Gas & Elec. Co., 619 A.2d 213 (Md. Ct. Spec. App. 1993), cert. denied, 627 A.2d 538 (Md. 1993). Me. Rev. Stat. Ann. tit. 14, 752. Md. Code Ann., Cts. & Jud. Proc Massachusetts 50% Rule. Mass. Gen. Laws Ann. ch. 231, 85 Mass. Gen. Laws Ann. ch. 260, 2A. 2, or 4. Michigan Pure. Mich. Comp. Laws injury caused by defendant's negligence is a complete defense. Ga. Code Ann Assumption of the risk is not a defense. Mass. Gen. Laws ch. 231, 85. negligence. Plaintiff cannot recover if

5 Mich. Comp. Laws (10). Minnesota 50% Rule. Minn. Stat (1) Minn. Stat (1). Property damage: 4 years (1)(4). Mississippi Pure. Miss. Code. Ann Personal property: 3 years. Miss. Code Ann Missouri Pure. Pure comparative negligence upheld. Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983). Personal injury: 5 years. Property damage: 5 years. Mo. Rev. Stat Montana 50% Rule. Mont. Code Ann Mont. Code. Ann Nebraska 49% Rule. Neb. Rev. Stat , Personal injury: 4 years. Property damage: 4 years. Neb. Rev. Stat Nevada 50% Rule. Nev. Rev. Stat Nev. Rev. Stat (4)(e) (3)(c). New Hampshire 50% Rule. N.H. Rev. Stat. Ann. 507:7-d Personal injury: 3 years from the act or omission. N.H. Rev. Stat. Ann. 508:4. New Jersey 50% Rule. N.J. Stat. Ann. 2A: N.J. Stat. Ann. 2A:14-2. Property damage: 6 years. 2A:14-1. New Mexico Pure. N.M. Stat. Ann. 41-3A-1 N.M. Stat. Ann Property damage: 4 years New York Pure. N.Y. C.P.L.R N.Y. C.P.L.R North Carolina Negligence. Contributory negligence is a defense; party asserting the defense has the burden of proof. N.C. Gen. Stat N.C. Gen. Stat North Dakota 49% Rule. N.D. Cent. Code Personal injury: 6 years. Property damage: 6 years. N.D. Cent. Code Ohio 50% Rule. Ohio Rev. Code Ann , Ohio Rev. Code Ann. negligence. Plaintiff cannot recover if

6 Property damage: 4 years Oklahoma 50% Rule. Okla Stat. tit. 23, 13, 14 Okla. Stat. tit. 12, 95(3). Oregon 50% Rule. Or. Rev. Stat Or. Rev. Stat Property damage: 6 years Pennsylvania 50% Rule. 42 Pa. Cons. Stat Pa. Cons. Stat Rhode Island Pure. R.I. Gen. Laws R.I. Gen. Laws South Carolina 50% Rule. Nelson v. Concrete Supply Co., 399 S.E.2d 783 (S.C. 1991) South Dakota Slight vs. Gross Rule. Plaintiff's negligence must be "slight" in comparison with defendants' negligence; damages diminish in proportion to contributory fault. S.D. Codified Laws Tennessee 50% Rule. Tenn. Code Ann ; McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). Property damage: 10 years S.C. Code Ann S.D. Codified Laws Property damage: 6 years Personal injury: 1 year. Tenn. Code Ann Texas 50% Rule. Tex. Civ. Prac. & Rem. Code Ann , Tex. Civ. Prac. & Rem. Code Ann Utah 49% Rule. Utah Code Ann. 78B Personal injury: 4 years. Utah Code Ann. 78B B Vermont 50% Rule. Vt. Stat. Ann. tit. 12, 1036 Vt. Stat. Ann. tit. 12, 512. Wrongful death: 2 years. Utah Code Ann. 78B negligence. Plaintiff cannot recover if

7 Virginia Negligence. Contributory negligence upheld. City of Bedford v. Zimmerman, 547 S.E.2d 211 (Va. 2001) Property damage: 5 years.va. Code Ann Washington Pure. Wash. Rev. Code Wash. Rev. Code (2). West Virginia 49% Rule. Bradley v. Appalachian Power Co., 256 S.E.2d 879 (W. Va. 1979). W. Va. Code Wisconsin 49% Rule. Wis. Stat Wis. Stat Property damage: 6 years Wyoming 49% Rule. Wyo. Stat. Ann Personal injury: 4 years. Property damage: 4 years. Wyo. Stat. Ann negligence. Plaintiff cannot recover if

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