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Comparative Negligence

Comparative Negligence

Comparative negligence is a legal doctrine that allocates damages based on the degree of fault each party has in causing the harm, ensuring fair compensation.

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Definition

Comparative negligence is a legal doctrine that apportions damages in a lawsuit according to the degree of fault each party has in causing the harm.

Purpose

The purpose of comparative negligence is to ensure that damages are fairly distributed based on each party's level of responsibility for the incident. It allows plaintiffs to recover damages even if they are partially at fault, with their compensation reduced by their percentage of fault.

Examples of Use

  • In a car accident where both drivers are at fault, comparative negligence would determine the percentage of fault for each driver and adjust the damages accordingly.
  • Slip and fall cases may involve comparative negligence if the injured party is found to be partially responsible for not paying attention to warning signs.
  • Product liability cases can apply comparative negligence if the user did not follow proper instructions, contributing to their injury.

Related Terms

  • Contributory Negligence: An older legal doctrine where if the plaintiff is found even slightly at fault, they cannot recover any damages.
  • Joint and Several Liability: A legal principle where each party can be held responsible for the entire amount of damages, regardless of their individual share of fault.
  • Fault Apportionment: The process of determining the percentage of fault attributable to each party in a lawsuit.

Notes

Comparative negligence laws vary by state, with some states following "pure" comparative negligence (plaintiffs can recover damages regardless of their percentage of fault) and others following "modified" comparative negligence (plaintiffs can only recover if they are less than 50% or 51% at fault).

Related Terms