The Fault with Comparative Fault: The Problem of Individual Comparisons in a Modified Comparative Fault Jurisdiction
45 Pages Posted: 5 Mar 2010 Last revised: 22 Dec 2010
Date Written: 1986
Abstract
Minnesota courts have interpreted the Minnesota Comparative Fault statute as requiring comparison of a plaintiff's negligence with the individual negligence of each defendant. Exceptions to this rule involve joint venture cases. This Article examines the individual comparison rule and explores an alternative rule which provides for a comparison of the plaintiff's negligence with the aggregate negligence of the defendants.
Keywords: Contributory negligence, vicarious liability, unit rule, combination rule, torts, modified comparative fault, joint and several liability
Suggested Citation: Suggested Citation
Steenson, Michael K., The Fault with Comparative Fault: The Problem of Individual Comparisons in a Modified Comparative Fault Jurisdiction (1986). William Mitchell Law Review, Vol. 12, No. 1, 1986, Available at SSRN: https://ssrn.com/abstract=1564369
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