The enhanced injury doctrine: how the theory of liability is addressed in a comparative fault world

This article discusses the application of the doctrine of comparative fault to the well-established enhanced injury doctrine. It analyzes and compares the fundamental principles and reasoning behind both the enhanced injury and comparative fault doctrines. This article also reviews case law from jurisdictions that have addressed this issue, finding that the vast majority of courts have held that comparative fault applies in enhanced injury cases. The article concludes that the enhanced injury theory of liability continues to be viable, even when incorporated within the comparative fault doctrine. The enhanced injury doctrine lives on, but has been incorporated within the broader umbrella of the comparative fault system in those states which apply comparative fault. Essentially, a claim for enhanced injury is nothing more than a claim for an injury that was actually and proximately caused by a defective product, which is the portion of the total damages for which the manufacturer is potentially liable under the product liability component of the action.