comparative negligence AND joint and several liability Forum

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
Post Reply
User avatar
uzpakalis

Bronze
Posts: 319
Joined: Fri Sep 10, 2010 10:36 pm

comparative negligence AND joint and several liability

Post by uzpakalis » Thu Dec 09, 2010 10:03 pm

Can these both apply together? I could use a little help, thanks.
Top
Generic20101L

Bronze
Posts: 180
Joined: Thu Oct 22, 2009 4:00 pm

Re: comparative negligence AND joint and several liability

Post by Generic20101L » Thu Dec 09, 2010 10:07 pm

Yes. I know Wisconsin is a comparative negligence state and if one of the (D) is held 51 percent or greater, then they are joint and severaly liable.
Top
User avatar
GeePee

Silver
Posts: 1273
Joined: Fri Jul 03, 2009 7:35 pm

Re: comparative negligence AND joint and several liability

Post by GeePee » Thu Dec 09, 2010 10:40 pm

Yes. In pure comparative negligence regimes, the plaintiff's recovery is first reduced by the percentage of his negligence contributing to the harm. Then, the defendants are joint and severally liable for the rest.
Top
Post Reply

Return to “Forum for Law School Students”