ACTIONS, PROCESS, AND SERVICE OF PROCESS
Comparative Fault, Apportionment of Damages, and Contribution Among Tortfeasors
507:7-d Comparative Fault.
Contributory fault shall not bar recovery in an action by any plaintiff or plaintiff's legal representative, to recover damages in tort for death, personal injury or property damage, if such fault was not greater than the fault of the defendant, or the defendants in the aggregate if recovery is allowed against more than one defendant, but the damages awarded shall be diminished in proportion to the amount of fault attributed to the plaintiff by general verdict. The burden of proof as to the existence or amount of fault attributable to a party shall rest upon the party making such allegation.
Source. 1986, 227:2, eff. July 1, 1986.