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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. |
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| | | 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. |
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| | | 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. |
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| | | §183.__Procedure for reduction |
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| | | 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: |
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| | | A.__Find the total damages that the plaintiff would be | | entitled to recover if contributory fault were disregarded; |
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| | | 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 |
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| | | C.__Return both amounts with the knowledge that the lesser | | figure is the final verdict. |
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| | | §184.__Joint and several liability; findings |
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| | | 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. |
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| | | §185.__Right of contribution |
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| | | 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. |
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