October 09, 2014

Sharing the Blame: Practice Tips for Using Comparative Negligence at Trial

Philadelphia associate Molly Flynn wrote an article for the DRI publication RX for the Defense.  The article, titled, “Sharing the Blame: Practice Tips for Using Comparative Negligence at Trial,” offers a roadmap to avoid the reluctance by some courts to permit comparative negligence in failure to warn cases.  

Molly suggests that to ensure that comparative negligence remains a viable affirmative defense presented to the jury, you should address the issue early in the proceedings, develop the available facts, then argue for related jury instructions, interrogatories, and verdict sheet calculations.  Her advice to avoid risk of an unfavorable ruling: do not let the issue languish until the end of trial.

Read the full article.

The Faegre Drinker Biddle & Reath LLP website uses cookies to make your browsing experience as useful as possible. In order to have the full site experience, keep cookies enabled on your web browser. By browsing our site with cookies enabled, you are agreeing to their use. Review Faegre Drinker Biddle & Reath LLP's cookies information for more details.