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10 November, 06:28

Bob was staying at a hotel owned by the Resort Hotels. While a hotel employee was removing luggage from the back seat of Bob's car, Bob reached into the front seat to get his briefcase. He supported himself by placing his left hand on the center pillar to which the rear door was hinged. The hotel employee closed the rear door, and a part of Bob's left index finger was amputated. Bob filed a negligence lawsuit against the hotel in a state that adopted a "pure" form of comparative negligence. The court probably found that:

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  1. 10 November, 08:11
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    Bob contributed to his injury and apportioned damages

    Explanation:

    Under pure form of comparative negligence, a defendant is only responsible for the proportion of fault arising out of his negligence. The plaintiff is still allowed a compensation against damages even if he himself contributed to such a fault.

    Comparative negligence mentions that whenever an accident takes place, the total negligence is a sum of proportionate negligence by each party, which contributed to such accident.

    In such case, the negligence for an accident cannot be placed upon one party alone.

    In the given case, since Bob filed a suit in a state that adopts pure form of comparative negligence, he shall be eligible to some compensation even if the fault was majorly his. Though, the quantum of compensation shall be based upon the determined fault of each party to the accident.
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