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that would, apart from this chapter, give rise to the defense | of contributory negligence. |
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| B.__"Fault" includes acts or omissions that are in any | measure negligent or reckless toward person or property, or | that subject a party to strict tort liability.__"Fault" also | includes breach of warranty, unreasonable assumption of risk | not constituting an enforceable express consent, misuse of a | product for which a party otherwise would be liable and an | unreasonable failure to avoid harm. |
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| In determining relative fault, in percentages or otherwise, the | trier of fact shall consider both the nature of the conduct of | each party at fault and the extent of the causal relation between | the conduct and the damages claimed.__Legal requirements for | causal relation apply both to fault as the basis for liability | and to contributory fault. |
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| | 3.__Harm.__"Harm" means injury, death, damage or loss | sufficient to sustain a legal action based on fault. |
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| | 4.__Plaintiff.__"Plaintiff" means a party entitled to make a | claim for damages regardless of whether suit is actually filed | and regardless of the procedure by which the claim may be | asserted in court, including, but not limited to, in a | counterclaim or cross-claim. |
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| | 5.__Parties.__In addition to the plaintiff, "parties" means | those who are, at the time that plaintiff's right of action | accrues, potentially liable on the basis of fault to pay damages | either to the plaintiff directly or in contribution to another | for the same harm.__"Parties" includes not only those who are | before the court but also those who might without immunity have | been brought before a court with jurisdiction to impose a fault- | based award for the plaintiff's harm. |
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| | 6.__Right of contribution.__"Right of contribution means the | sharing of a loss or payment by 2 or more parties. |
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| | 7.__Tortfeasor.__"Tortfeasor" means a party liable on the | basis of fault to pay damages either to the plaintiff directly or | in contribution to another for the same harm.__"Tortfeasor" | includes a party whose fault-based liability arises in contract | from breach of warranty or the like. |
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| §182.__Effect of plaintiff's fault |
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| | 1.__Bar.__In a claim for harm that results partly from fault | attributable to the plaintiff and partly from fault attributable |
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