Where two or more parties (including a plaintiff) are liable for the damage or injury alleged in a lawsuit, the judge or jury will determine the comparative fault of the parties, expressed as a percentage. If a plaintiff is found to be partially at fault, then the amount of damages awarded is reduced by the percentage of the plaintiff’s comparative fault. If two or more defendants are found to be comparatively at fault, a plaintiff may recover the full amount of damages from either defendant. It is incumbent upon co-defendants to claim contribution from each other for the amount of damages paid in excess of their respective comparative fault. Defendants may also counter sue third parties for contribution if the third party bears some comparative fault.
Cumulative Voting
A system of voting which allows the voter to cast more than one vote for a single candidate. Typically cumulative voting provisions are found in the bylaws of newly-organized associations. The existence of a cumulative voting provision may have an impact on the ability of the association to recall a director.