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Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 2

Med Pay Subrogation - Yes

PIP Subrogation - No

Statute of Limitations

Statute of Repose: Products 10 years
Statute of Repose: Real Property 7 years
Breach of Contract (Written) 6 years
Personal Property 2 years
Personal Injury 2 years
Warranty 3 years


Sue Owner for Negligence - YES

Suspend Owner's License - NO

Deductible Reimbursement

Pro Rata State
Public Act No. 09-72, §2


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
-The maximum amount which can legally be withheld from a debtor’s wages is the lesser of: 1. 25% of weekly disposable earnings or 2. Amount by which the debtor’s disposable earnings exceeds forty (40) times the higher of either:  A. The current federal minimum hourly wage or B. The state’s prevailing full minimum fair wage

Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $5,000
Liability imposed when child’s actions are willful or malicious; Negligence of child is sufficient to impose liability on parent when child harms person or property while operating motor vehicle without permission of vehicle’s owner

Subrogation by Landlord's Carrier against Tenant

No, unless express lease provision establishes a right to subrogation

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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