I am in CA and always worked for attys. We always had comparative (but I think we used the two terms, compar. & contrib. negligence interchangeably. IDK, doesn't matter, everyone knew what was meant). Anyway, I did Plaintiff & Defense -- at different times of course, & there are some cases where yeah, if someone hadn't been doing some thing ... but, if the 1% rule prevented that Plaintiff from getting any recovery after what happened to them, due to mostly another person's negligence, I really think it would be grossly unfair. But JMHO. And again, that's after looking at it from both sides of lawsuits. Whew, I have seen a lot of insane lawsuits & injuries. To the point I still creep out thinking about a few of them, and I feel like it almost gave me some small version of PTSD at times. But def made me at least a hyper-aware person. Just saying.
I am in CA and always worked for attys. We always had comparative (but I think we used the two terms, compar. & contrib. negligence interchangeably because we knew what the law was here. IDK. Anyway, I did Plaintiff & Defense at different times of course, & there are some cases where yeah, if someone hadn't been doing some thing ... but if the 1% rule prevented that Plaintiff from getting a recovery after what happened to them, due to mostly another person's negligence, I really think it would be grossly unfair. But JMHO. And again, after looking at it from both sides of the lawsuit. Whew, I have seen a lot of insane lawsuits & injuries. To the point I still creep out thinking about a few of them, and I feel like it almost gave me some small version of PTSD at times. But def made me at least a hyper-aware person. Just saying.