50 percent rule

The principle that liability for negligence is apportioned in accordance with the percentage of fault that the fact-finder assigns to each party, that the plaintiff’s recovery will be reduced by the percentage of negligence assigned to the plaintiff, and that the plaintiff’s recovery is barred if the plaintiff’s percentage of fault is 50% or more.

— Also termed modified-comparative-negligence doctrine. Cf. PURE-COMPARATIVE-NEGLIGENCE DOCTRINE. See comparative negligence under NEGLIGENCE; APPORTIONMENT OF LIABILITY. [Cases: Negligence 549(10).]


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