12-2505. Comparative negligence;
definition


A. The defense of contributory negligence or of assumption of risk is in all cases
a question of fact and shall at all times be left to the jury. If the jury applies
either defense, the claimant's action is not barred, but the full damages shall be
reduced in proportion to the relative degree of the claimant's fault which is a proximate
cause of the injury or death, if any. There is no right to comparative negligence in
favor of any claimant who has intentionally, wilfully or wantonly caused or contributed
to the injury or wrongful death.


B. In this section, "claimant's fault" includes the fault imputed or attributed to
a claimant by operation of law, if any.