Courts May Bar Comparative-Fault Defenses in Key Cases, Study Finds
The article explores when courts should prevent defendants from using comparative-fault defenses in lawsuits. It argues that these limits are based on important principles and policies, especially in cases involving plaintiff incapacity, safety issues, and fundamental values. The study suggests that courts are right to consider restricting comparative-fault defenses in certain situations. This is particularly relevant given the proposed changes in tort law that focus on balancing risks and responsibilities between plaintiffs and defendants. The research highlights the need for clear standards and limits in determining fault in legal cases.