Wyoming’s Comparative Negligence Rule

Introduction

The state of Wyoming has a system of legal rules that are known as the Comparative Negligence Rules. These rules are designed to provide guidance to Wyoming residents when determining who is liable for any injury or property damage caused by a situation or accident. These rules are important for both those who are dealing with injury or property damage resulting from an accident and those who are responsible for the accident, as they can determine the legal outcome. This article will explore the rules of comparative negligence in Wyoming, including the various types of comparative negligence and their implications.

What is Comparative Negligence?

Comparative negligence is a legal rule that allows for apportionment of responsibility in a situation or accident. It is based on the premise that when two or more parties are involved in an accident or causing harm to another, the degree of responsibility each party holds for the damages or injuries should be determined, and damages or responsibility be apportioned accordingly. This differs from other legal concepts, such as joint and several liability which assigns total fault to one party regardless of the degree of negligence of the other parties.

Types of Comparative Negligence

In Wyoming, three different types of comparative negligence are recognized and applied when determining legal outcomes. These are:

1. Modified Comparative Negligence: Under this type of comparative negligence, an individual can be found partially liable for the damages or injuries, but only if his/her negligence is not greater than 50% of the total negligence. If it is determined that a person’s negligence is greater than 50%, he/she cannot be held liable for any of the damages or injuries.

2. Pure Comparative Negligence: In this type of comparative negligence, the degree of responsibility each party holds for the damages or injuries is considered, and damages or responsibility are apportioned accordingly. This means that even if a person’s negligence is greater than 50%, he/she can still be held liable for the damages or injuries.

3. Comparative Negligence with Proportionate Responsibility: Under this rule, an individual’s degree of responsibility for the damages or injuries is determined, and any recovery of damages is reduced in proportion to his/her degree of fault.

Implications of Comparative Negligence

Overall, Wyoming’s comparative negligence rules provide guidance to those affected by an accident or injury in determining who is liable and how much each party is responsible for the outcome. If a court finds that more than one party was at fault, it is possible to assign fault percentages and award damages accordingly. This is important as it allows the court to assign damages that are proportional to the negligence of each party.

In addition, the rules of comparative negligence also help protect the rights of all parties involved in the accident or injury situation. This is done by ensuring that those who are deemed most negligent are not able to escape liability without being held responsible for their actions.

Conclusion

The rules of comparative negligence in Wyoming provide guidance for those affected by an accident or injury in determining legal responsibility. It is important for both those who are dealing with injury or property damage resulting from an accident and those who are responsible for the accident, as the rules allow for apportionment of responsibility that is proportional to the degree of negligence. Different types of comparative negligence are recognized and applied when determining legal outcomes, with implications that help to protect the rights of all parties involved in the situation.

We hope this article has provided you with an understanding of Wyoming’s comparative negligence rules, and how they can be used to determine legal responsibility and liability.