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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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Comparative negligence is another form of defense to prevent a party from claiming damages. Comparative negligence is a defense to strict liability claims if based on grounds other than the failure of the user to discover the defect or to guard against the possibility of its existence. In all the states truly following the doctrine of comparative negligence, the party contributing more than around 50% of the total amount of cash towards the harm and damages that is caused in the whole accident is the party at-fault. |
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