|
to other parties, the claim is barred if the plaintiff's fault is | equal to or greater than that of all other parties to the claim. |
|
| | 2.__Reduce recovery.__When fault of the plaintiff is less than | that of the other parties, the plaintiff's recovery must be | reduced to the extent that is just and equitable having regard to | the plaintiff's share of fault for the harm. |
|
| | 3.__Failure to mitigate.__The plaintiff's failure to mitigate | damages after a wrong has occurred is not contributory fault; but | such failure may reduce the total damages that plaintiff can | claim were proximately caused by those found liable for the | initial harm. |
|
| §183.__Procedure for reduction |
|
| | 1.__Reduction procedure.__When the plaintiff is entitled to a | recovery that is reduced for contributory fault, the trier of | fact shall, unless otherwise agreed by all parties: |
|
| A.__Find the total damages that the plaintiff would be | entitled to recover if contributory fault were disregarded; |
|
| B.__Reduce the total damages by dollars and cents to an | amount considered just and equitable, having regard to the | plaintiff's share of fault; and |
|
| C.__Return both amounts with the knowledge that the lesser | figure is the final verdict. |
|
| §184.__Joint and several liability; findings |
|
| | When 2 or more defendants are found liable upon the same | indivisible claim for the same harm, each is jointly and | severally liable to the plaintiff for the full amount of the | plaintiff's recovery.__Upon timely request of any party, the | trier of fact shall find in percentage terms the equitable share | of fault contributed by each tortfeasor.__When the liability of | one party is purely vicarious to that of another or when justice | otherwise requires, the court may determine that 2 or more | parties are to be treated as one. |
|
| §185.__Right of contribution |
|
| | 1.__Existence of the right.__Except as otherwise stated in | this section, when 2 or more parties are at fault for causing the | same harm to the same plaintiff, there is a right of contribution | among them, even though judgment has not been recovered against | all or any of them. |
|
|