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Comparative Negligence




Comparative Negligence Definition

Legal Definition of Comparative Negligence

Comparative negligence is a legal doctrine used in tort law to allocate responsibility and damages among parties who are both at fault for an accident. This doctrine is applied in personal injury cases where the plaintiff may have contributed to their own injuries, alongside the defendant’s negligence. Under comparative negligence, the damages awarded to the plaintiff are reduced by a percentage that reflects their own degree of fault for the incident.

The principle of comparative negligence modifies the more traditional rule of contributory negligence, which completely barred a plaintiff from recovering any damages if they were found to be at all responsible for their own injury. Comparative negligence acknowledges that in many accidents, multiple parties may share responsibility and thus aims to distribute the burden of damages more equitably based on each party’s level of fault.

There are two main variations of the comparative negligence system: pure comparative negligence and modified comparative negligence. In a pure comparative negligence system, a plaintiff can recover damages even if they are found to be more at fault than the defendant. Their compensation is simply reduced by their percentage of fault. For example, if a plaintiff is awarded $100,000 in damages but is found to be 30% at fault, they would receive $70,000. This system is followed in several states in the United States.

In contrast, modified comparative negligence, which is more common, sets a threshold for the plaintiff’s fault. If the plaintiff is found to be equally or more responsible for the injury than the defendant, they cannot recover any damages. This threshold can be 50% (the plaintiff cannot recover if they are found to be 50% or more at fault) or 51% (the plaintiff cannot recover if they are found to be 51% or more at fault).

Determining the degree of fault in comparative negligence requires a careful and often complex analysis of the circumstances surrounding the accident. This process involves evaluating evidence, witness testimonies, and expert opinions. The jury or judge assesses the extent to which each party’s negligence contributed to the accident and assigns a percentage of fault accordingly.

Comparative negligence is significant in personal injury cases as it allows plaintiffs to recover some level of damages even if they were partly responsible for their own harm. It reflects a more nuanced approach to negligence and liability, acknowledging that many accidents result from shared fault.

However, the application of comparative negligence can be contentious, with parties often disputing the degree of fault assigned to them. Defense strategies in such cases frequently focus on demonstrating the plaintiff’s negligence to reduce the amount of damages that the defendant must pay.

In summary, comparative negligence is a doctrine in tort law that apportions damages based on the relative fault of the parties involved in an accident. It allows for a fairer and more equitable distribution of damages, reflecting the complex nature of many accidents where multiple parties may share responsibility.


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