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43.5101 Contributory negligence no bar-Comparative negligence.

Cite as [A.S.C.A. § 43.5101]

In all actions hereafter brought for personal injuries, or where the injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property, or person having control over the property may have been guilty of contributory negligence shall not bar a recovery, but damages shall be diminished by the court in proportion to the amount of negligence attributable to the person injured, or the owner of the property, or the person having control over the property.

History: 1977, PL 15-21.

Case Notes:

Under A.S.C.A. § 43.5101, contributory negligence does not bar recovery, but damages are reduced in proportion to the extent of negligence attributable to the injured person. Alofipo v. Va, 20 A.S.R.2d 119 (1992).

American Samoa's comparative-negligence statute does not alter the common-law rule of joint and several liability in a personal-injury case and does not require apportionment of negligent conduct by a defendant and a non-party so as to reduce a defendant's liability. A.S.C.A. § 43.5101. Euta v. Etimani, 24 A.S.R.2d 139 (1993).

Pedestrian, a minor, was comparatively negligent in crossing the road into the unavoidable path of a vehicle and in failing to yield the right-of-way to vehicles when crossing at a point other than a crosswalk. A.S.C.A. §§ 22.0401(c)-(d), 43.5101. Sciascia v. Lutali, 23 A.S.R.2d 38 (1992).