Apportionment of damages - Evolution of a fault-based system of liability for negligence

A survey is made of the current status of the doctrines of 'contributory negligence' and 'joint and several liability' in U.S. air law, which are premised on the belief that juries cannot 'apportion' fault and have been under criticism for decades. It is noted that all but four states have rejected contributory negligence in favor of comparative negligence, and half of the states have reexamined joint and several liability in the last decade, leading to either its modification or abolishment. (AIAA)