Courts in many jurisdictions will consider the negligent actions of both the plaintiff and the defendant when apportioning liability in a product liability action.

Question

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Many jurisdictions use comparative negligence or contributory negligence when apportioning liability in a product liability case. This means that the court will consider both the actions of the plaintiff and the defendant when determining the percentage of fault for each party. If the plaintiff's own negligence contributed to their injury, their damages may be reduced proportionally.

Courts in Many Jurisdictions Will Consider the Negligent Actions of Both