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

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

Michael K. Steenson (Contact Author)

Mitchell Hamline School of Law ( email )

875 Summit Ave
St. Paul, MN 55105-3076
United States
651-290-6366 (Phone)
651-290-6406 (Fax)

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