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Negligence Doctrine: Modified Comparative Negligence - 50 Percent Bar

Circuit # 1

Med Pay Subrogation - Yes

PIP Subrogation - No

Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 4 years
Breach of Contract (Written) 6 years
Personal Property 6 years
Personal Injury 6 years
Warranty N/A
Property Damage 4 years
Personal Injury 6 years


Sue Owner for Negligence - NO

Suspend Owner's License - NO

Deductible Reimbursement

Undecided / Pro-rata default



(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

Garnishment is available: 1. After a judgment issues and a supplementary (Disclosure) hearing is held, 2. If the debtor fails to appear at the Disclosure hearing, a garnishment order may issue for 25% of the debtors disposable earnings on a weekly basis or the amount which the disposable weekly earnings exceed 40 times the federal minimum wage, whichever is less. The exemption on wages is now $226.00 weekly, 3. If the judgment debtor fails to pay two installments after being order to do so

Parental Responsibility

Minor between 7 and 17
Dollar Limit on Parents’ Liability - $800
Liable for willful/malicious damage to person or property

Subrogation by Landlord's Carrier against Tenant

No, unless lease expressly allows subrogation against tenant
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 However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in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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