Montana Jury Instruction - 1.1 Comparative Negligence Defense
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FAQ
Montana negligence laws follow the doctrine of modified comparative negligence. This means that a plaintiff can't be more than 51 percent negligent or responsible for the injury, or they will be barred from recovery.
Comparative Negligence as a Legal Defense The defense must establish that the victim's actions aided in causing the accident. While a comparative negligence defense would not absolve a defendant from blame, it would reduce their level of fault and any costs they are ordered to pay.
Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault. In other words, the amount of damages that the plaintiff can collect is limited based on the assigned fault determined by the court.
Therefore, if a jury finds that the plaintiff is either 50% responsible for his injuries or more, the plaintiff will be completely barred from recovery. Anything less than 50% responsibility and the plaintiff will be entitled to recover that percentage of the damage.
In a contributory negligence state, the plaintiff is barred from recovering if he or she acted negligently and contributed to the accident at all. A plaintiff can be barred from recovering for being 1% or more at fault for an accident.
Comparative negligence is a principle of tort law that applies to casualty insurance in certain states. Comparative negligence states that when an accident occurs, the fault and/or negligence of each party involved is based upon their respective contributions to the accident.
Comparative negligence is a partial defense to personal injury liability. If a defendant is sued, the defendant can raise this defense by claiming the plaintiff was partly responsible for injuries. The plaintiff's compensation is reduced by the percentage of fault they shares.