What is comparative negligence?

Comparative negligence is fundamentally a legal principle that is applied in negligence cases to determine the degree of fault among parties involved in an incident. Under this rule, the court evaluates the extent to which each party contributed to the accident or injury. Instead of barring the plaintiff from recovering damages because they were partially at fault, comparative negligence allows for damages to be awarded in proportion to each party’s degree of fault.

For instance, if a plaintiff is found to be 30% responsible for an accident and the defendant is 70% at fault, the plaintiff would still be able to recover 70% of the damages incurred. This apportioned approach reflects a more nuanced understanding of liability and allows for a more equitable resolution of cases. The system promotes fairness by acknowledging that even plaintiffs can contribute to their own injuries, thus fostering a balanced assessment of responsibility.