Pennsylvania Jury Instruction - 2.2 With Comparative Negligence Defense
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FAQ
Pennsylvania is, in fact, a modified comparative negligence state. In a modified comparative negligence state, a claimant still has the right to pursue a damage award as long as he or she was not found to be more at fault than the other parties. Pennsylvania follows a 51% rule.
Insight from Our Pennsylvania Personal Injury Lawyers. Negligence is a key factor in personal injury cases. It occurs whenever a party ? whether a person, company, employer, or manufacturer ? fails to uphold the standard of care needed to avoid foreseeable harm to another person or their property.
Note, Pennsylvania follows a 51 percent comparative negligence rule, which means you can recover damages if you were less than 51 percent at fault. If you are found to carry more than 50 percent of the fault for the accident, you will be unable to seek compensation for damages.
In a modified comparative negligence state, a claimant still has the right to pursue a damage award as long as he or she was not found to be more at fault than the other parties. Pennsylvania follows a 51% rule. This means that, in Pennsylvania, you can recover damages as long as you were less than 51% at fault.
Modified comparative negligence. If the plaintiff's fault is equal to or greater than the fault of the party or parties from whom they seek damages, they are not entitled to recover those damages.
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.
In its broad application, the doctrine known as "last clear chance" provides that a plaintiff who has negligently exposed himself to danger may nonetheless recover for his injuries if the defendant could have avoided injuring him by the exercise of reasonable care after he discovered or should have discovered plain- ...