Contributory negligence was considered harsh in some instances because it was an all or nothing rule. Sometimes a deserving plaintiff would be denied recovery even though he or she was far less negligent than the defendant because the jury or judge determined that the plaintiff was also a little bit negligent. In comparative negligence, a party is only responsible for his or her percentage of the total fault, which seems to be a much fairer and equitable system.
- Who determines the percentages of fault of the parties?
- What are the different forms of comparative negligence?
- What happens if both parties (plaintiff and defendant) are negligent?
- If you fall on a slippery floor in a store, can you sue for negligence?
- Where does the term good Samaritan come from?
- Can a Good Samaritan be held liable if he or she acts negligently even though they are trying to help?
- What if some unexpected event causes damage to a plaintiff after a defendant’s negligent act?
- Can an employer be held negligent if it retains or hires an employee who is dangerous to the public?
- Can a business be liable for injuries caused to its patrons by third parties?
- What was the case of Palsgraf v. Long Island Railroad Company concerning proximate causation?
- What are the two types of causation in tort cases?
- What is res ipsa loquitur?
- What is negligence perse?
- Are children held to the same standard of care as adults?
- What is a reasonable person ?
- What is negligence and what are the elements of a negligence claim?
- What are some defenses to intentional torts?
- Is there a tort that you can use or sue under if someone files false criminal charges against you?
- What are some other examples of intentional infliction of emotional distress?
- What is a famous intentional infliction of emotional distress case involving Hustler Magazine?


