34-20C-13. Comparative responsibility--Burden of proof.
Any action by a user is governed by the principles of comparative responsibility. Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.
The burden of proving the comparative responsibility of the plaintiff is on the defendant and shall be shown by clear and convincing evidence.
Comparative responsibility may not be attributed to a plaintiff who is not a user.
Source: SL 1997, ch 203, §14.