WHEN CAN COMPARATIVE NEGLIGENCE BE APPLIED?

Car accidents and medical malpractice cases are examples of when comparative negligence can be applied. For example when Party A makes a left turn and collides with Party B despite seeing Party B coming from the left at high speed in an uncontrolled intersection. Another example is if a patient fails to disclose important medical information to their doctor, such as a pre-existing condition or allergy, and the doctor makes a mistake that causes harm, the patient’s own negligence could be considered a contributing factor in the injury.

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