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comparative negligence |
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comparative negligence A legal theory in some states that evaluates the negligence of a wrongdoer against any negligence of the injured party that contributed to its injuries,and then assigns a pro rata responsibility for the harm suffered. Example: If a property owner allows a loose step to remain unrepaired, and a guest loses his or her balance and falls, the property owner has been negligent. If, however, the guest was intoxicated, a jury might decide the guest was 25 percent responsible for the injuries. In such a case, the jury will calculate a dollar value for the injury and associated expenses and will then reduce it by 25 percent in order to arrive at an award. Contrast with contributory negligence, which denies any award at all if the injured party was at all negligent under the circumstances. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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I'm somewhat gratified that they acknowledge in their finding of comparative negligence that the plaintiff was in part at fault for this accident. Furthermore, notice and contributory or comparative negligence is not a defense and even if the injuries are due to the worker's own negligence, the owner or general contractor remains liable if the statute was violated. Crete also alleged that Richmond was not wearing a seatbelt, a defense permitted under Michigan law, which allows the defendant an unrestricted comparative negligence defense. |
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