Comparative Negligence Law and Practice

For both plaintiff's and defendant's counsel, expert detailed analysis of the current status of comparative negligence in every state

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Print Book:3 volumes, looseleaf, updated twice a year
ISBN: 9780820512266
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ISBN: 9781579114121
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ISBN: 9781579114121
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For both plaintiff's and defendant's counsel, Comparative Negligence Law and Practice expertly analyzes and details the current status of comparative negligence in every state, as well as provides a complete discussion of the effects of the doctrine on areas such as products liability, workers' compensation, wrongful death actions, conflict of laws and multi-party litigation.

This treatise also includes:

•  Practical suggestions related to the client interview and all phases of the trial;
•  Sample forms of pleading;
•  Helpful advice on strategy and tactics for every aspect of the case;
•  A state-by-state appendix providing the full text of every existing statute, plus thorough discussion of landmark cases in jurisdictions that have adopted comparative negligence; and
•  Analysis of important cases from every jurisdiction that have interpreted the statutes or refined the doctrine of comparative negligence.


Arthur Best
Alan D. Budman
Robert A. Clifford
Frederick Davis
Russell L. Hewit
Lex K. Larson
Joseph W. Little
Edward C. Martin
Peter W. Schroth
David C. Sobelsohn
Ralph M. Stein
Michael R. Thomas
Aaron D. Twerski
Ellen Wertheimer
Allen P. Wilkenson
Richard E. Kaye,
Revision Author

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Table of contents

Chapter 1 Varieties of Comparative Negligence and Their Application

Chapter 2 Reserved

Chapter 3 Reserved

Chapter 4 Effect of Comparative Negligence on Common Law Concepts

Chapter 5 Statutory Violations

Chapter 6 Comparative Negligence and Death Actions

Chapter 7 Comparative Negligence and Workers' Compensation

Chapter 8 Comparative Negligence and Nuisance

Chapter 9 Comparative Principles in Products Liability Litigation

Chapter 10 Persons under a Disability

Chapter 11 Prospective or Retrospective Application of Comparative Negligence

Chapter 12 Comparative Negligence and Conflict of Laws

Chapter 13 Multiple Parties

Chapter 14 Counterclaims and Set-Offs in Comparative Negligence Cases

Chapter 15 New Trial and Appellate Review

Chapter 16 Representing the Plaintiff

Chapter 17 Representing the Defendant

Chapter 18 Comparative Negligence and the Jury

Chapter 19 The Uniform Comparative Fault Act

Appendix: State Summaries