Prepare the issues for a reduction for the claimant's own culpable conduct

Key facts

Human involvement
YellowClose supervision
How AI is used
From the facts about the injured person's own conduct, build an issues table for a reduction. Do not choose a percentage and do not decide whether recovery is barred.
What the lawyer must review
New York CPLR § 1411(a) says that in an action for personal injury, injury to property, or wrongful death, culpable conduct attributable to the claimant or decedent, including contributory negligence or assumption of risk, does not bar recovery. Damages otherwise recoverable are diminished in the proportion which that culpable conduct bears to the culpable conduct which caused the damages. Subsection (b) is different for a personal-injury action subject to article 51 of the Insurance Law: recovery is barred if the claimant's culpable conduct is greater than the culpable conduct of the person, or the combined culpable conduct of the persons, against whom recovery is sought. California Civil Code § 1714(a) still speaks of the injured person bringing the injury on himself or herself by wilful conduct or want of ordinary care. You decide the reduction or the bar, and you write the advice. Do not import Civil Liability Act 2002 (NSW) ss 5R and 5S.
Written for / version
United States versionUS

Who does what

Who does what
RoleWhat they do
AssistanceConsider narrowly defined preparation support after confirming the tool’s capability and permitted scope.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
  2. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

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