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Not Greater Than Modified Negligence – Torts II Outline

Torts II

Not Greater Than Modified Negligence

Twenty-one states have a modified form of comparative negligence that reduces the plaintiff's recovery by his percentage of fault as long his fault is "not greater than" the defendant's. If the plaintiff's negligence is greater than the defendant's then recovery is completely barred for him.

This is often called the 49% Rule or 51% Rule.