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
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.