Tort (continued) LGS 200
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This 2 page Class Notes was uploaded by Emily Clayton on Friday February 12, 2016. The Class Notes belongs to LGS 200 at University of Alabama - Tuscaloosa taught by Allan M Trippe in Winter 2016. Since its upload, it has received 49 views.
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Date Created: 02/12/16
Tort (contd) Tuesday, February 9, 2016 5:03 PM 3. Comparative Negligence -Alternative to contributory negligence • Some states that follow the rule of comparative negligence rather than contributory • Majority of states follow comparative because it is considered more equitable • Four Steps 1. The jury determines the amount of negligence by the defendant as a mathematical percentage • Example: Defendant is liable by 90% 2. The jury determines the amount of contributory negligence by the plaintiff as a mathematical percentage • Example: when the jury deliberates, it has to determine causation in two mathematical percentages… plaintiff is 10% liable(90% v. 10%) 3. The jury determines the amount of compensatory damages assuming there is NO contributory negligence by the plaintiff • For example: $100,000… 4. The jury reduces the amount of compensatory damages (from step 3) by the amount of contributory negligence (from step 2). • In our example: reduce by 10%, give plaintiff $90,000 • In Alabama, you get nothing 4. Strict Liability (Automatic Liability) • If the defendant engages in certain activities, he is automatically liable for any damages, regardless of his intent or negligence. • Extraordinarily dangerous activities • 3 examples: 1. Construction Blasting (dynamite, TNT, etc.) • Causes neighbor house to be damages 2. Transporting hazardous or toxic materials 3. Keeping wild animals • Man kept a tiger as a pet, built container that would contain it, tiger escaped and killed next door neighbor's child 3. Keeping wild animals • Man kept a tiger as a pet, built container that would contain it, tiger escaped and killed next door neighbor's child
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