Comments on: Liability roundup https://www.overlawyered.com/2015/05/liability-roundup-9/ Chronicling the high cost of our legal system Mon, 22 Jun 2015 04:30:04 +0000 hourly 1 By: Liability roundup - Overlawyered https://www.overlawyered.com/2015/05/liability-roundup-9/comment-page-1/#comment-325067 Mon, 22 Jun 2015 04:30:04 +0000 http://overlawyered.com/?p=53314#comment-325067 […] Analyzing the Norton Rose survey numbers: US business faced the most litigation, followed by UK, Canada had least [Above the Law, earlier] […]

]]> By: En Passant https://www.overlawyered.com/2015/05/liability-roundup-9/comment-page-1/#comment-324026 Fri, 29 May 2015 22:36:35 +0000 http://overlawyered.com/?p=53314#comment-324026 Re: “The Hash Oil contributory negligence lawsuit you’ve all been waiting for”

Wrong analysis I think, although the result under OR law would likely be the same as contributory negligence.

The case was brought in Multnomah County, OR, where the events occurred.

OR only recognizes “modified comparative negligence”.

See OR Code Section 18.470.

Contributory negligence is not a bar to recovery if the fault attributable to claimant is less than combined fault of defendants.

Given the facts stated in the news report, I think it is likely the result would be the same as contributory negligence. But it is a modified comparative negligence case under OR law.

But I’m not an OR lawyer.

]]>