Comparative Negligence

What Is Comparative Negligence in Tort Law?

Comparative Negligence is a legal doctrine used to allocate fault between parties in a negligence claim. It allows for the plaintiff's compensation to be reduced by their percentage of fault in causing the harm.

Quick Definition

Comparative Negligence is a principle that reduces the plaintiff's damages award by the proportion of their own negligence. It ensures that liability is shared according to each party's degree of fault.

In Context

Comparative Negligence is commonly applied in personal injury cases where both the plaintiff and defendant share some responsibility for the accident. For instance, if a pedestrian is hit by a car while jaywalking, the court might find both parties partially at fault. If the pedestrian is deemed 30% responsible, their compensation would be reduced by that percentage. This concept is crucial in exams to understand how courts apportion liability and damages.

See Also

• Contributory Negligence

• Joint and Several Liability

• Negligence

Learn More

For a deeper dive into Comparative Negligence, including case studies and practical applications, check out our Tort Law Notes.