When filing a lawsuit for negligence,the plaintiff must declare whether the contributory negligence or comparative negligence doctrine applies to the dispute.

Question

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This statement is false. The plaintiff is not required to declare whether contributory or comparative negligence applies. It is up to the court or jury to determine the percentage of fault of both the plaintiff and defendant in the case of comparative negligence or to determine if contributory negligence applies in states that still use that doctrine.

When Filing a Lawsuit for Negligence,the Plaintiff Must Declare Whether