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New York has enacted a “pure” comparative negligence statute, meaning that a plaintiff can recover for the damages he incurred as a result of the defendant’s negligence even if the plaintiff was mostly responsible for his own injuries. Other states have enacted a “modified” statute that prohibits a plaintiff from recovery if he is greater than 50% at fault for his own injuries. Discuss whether you believe that New York should keep its statute or follow the states that have enacted a modified statute.
