What is Comparative Negligence?
A legal doctrine that allows damages to be apportioned based on each party's degree of fault. The plaintiff's recovery may be reduced by their percentage of fault.
Understanding Comparative Negligence
There are two main types: pure comparative negligence (plaintiff can recover even if 99% at fault) and modified comparative negligence (plaintiff cannot recover if more than 50% or 51% at fault, depending on the state). This differs from contributory negligence, which bars recovery if the plaintiff is at all negligent.
Examples
- 1Plaintiff found 20% at fault, recovery reduced by 20%
- 2Both drivers partially responsible for accident
- 3Pedestrian jaywalking but hit by speeding driver
Related Terms
Personal Injury
A legal term for an injury to the body, mind, or emotions, as opposed to damage to property. Personal injury claims are typically brought in civil court to recover compensation for harm caused by another party's negligence or intentional misconduct.
Negligence
The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.
Damages
Monetary compensation awarded to a person injured through the wrongful conduct of another party. Damages are intended to restore the injured party to the position they were in before the injury occurred.
Liability
Legal responsibility for one's actions or omissions. When a person or entity is found liable, they are legally obligated to compensate the injured party for their losses.
Tort
A civil wrong that causes harm to another person, for which the law provides a remedy. Torts can be intentional, negligent, or based on strict liability.
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