Rhode Island’s Comparative Negligence Rule

Introduction
Rhode Island’s comparative negligence rule is a legal concept used to determine how responsibility and liability are apportioned between two or more parties when a personal injury occurs. The comparative negligence rule in Rhode Island effectively limits an individual’s right to recover damages when it is determined that they were partially responsible for the accident. Under Rhode Island’s comparative negligence rule, the amount of compensation available to a plaintiff is diminished by their degree of fault. Understanding Rhode Island’s comparative negligence rule is essential for any individual who may be involved in a personal injury lawsuit in Rhode Island.

Comparative Negligence Defined
Comparative negligence is a legal doctrine used to assign liability between two or more parties involved in a personal injury case. It is based on the idea that no one party can be held fully responsible for an accident if the other was also partially negligent. Comparative negligence assigns fault among the parties involved in a personal injury case based on the degree of their negligence. If both parties are found to have acted negligently, their damages are reduced proportionate to their degree of fault.

Rhode Island’s Comparative Negligence Rule
In Rhode Island, courts follow the modified comparative negligence rule, also known as the 51% rule. Under this rule, an individual may not receive any compensation if they are found to be over 50% responsible for the incident. Furthermore, if the court finds that the claimant was partially liable, their damages will be reduced by their percentage of fault. For example, if the plaintiff is found to be 25% liable for the incident and the other party is 75% liable, the plaintiff will be awarded 75% of the damages they would have received if the other party had not been found negligent.

Under Rhode Island’s modified comparative negligence rule, an individual can still recover some damages even if they are found to be up to 50% liable for the accident. For example, if the plaintiff is found to be 40% responsible for an incident, they would only be able to recover 60% of the total damages. This modified approach allows more flexibility for plaintiffs, though their damages are still partially limited by their degree of fault.

Contribution from Tortfeasors
One important aspect of Rhode Island’s comparative negligence rule concerns the contribution of the other tortfeasors. This means that a tortfeasor can be held liable for the same action as the primary defendant, even if the two were not contemporaneously involved. This can happen if the two were engaged in a “collective enterprise” and their negligence contributed to the harm done to the plaintiff. So each tortfeasor can be held accountable even if the fault is distributed among them and the primary defendant.

Joint and Several Liability
Rhode Island’s modified comparative negligence rule looks to joint and several liability when assessing damages. Joint and several liability means that a party may be held fully responsible for an incident, even if another liable party was also involved in the accident. This means that if two parties are jointly liable, they can both be held fully responsible for the damages, even if one was found to be more negligent than the other. This ensures that the plaintiff will always be able to receive the full amount of damages they are owed, no matter the degree of fault distributed between the two liable parties.

Conclusion
The comparative negligence rule in Rhode Island limits an individual’s right to recover damages in the event of a personal injury. The rule employs the modified comparative negligence rule, also known as the “51% rule”, to reduce the amount of damages a claimant may recover based on their degree of fault. Additionally, Rhode Island’s modified comparative negligence rule enables a third-party tortfeasor to be held accountable for the same action as the primary defendant, and looks to joint and several liability to ensure that the plaintiff can always recover the full amount of damages owed. Understanding Rhode Island’s comparative negligence rule is essential for any individual who may be involved in a personal injury lawsuit in Rhode Island.