comparative negligence

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Related to comparative negligence: contributory negligence, Assumption of risk

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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
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The settlement amount was not stated, but the process of negotiating a settlement would allow factoring in the comparative negligence aspect of the case.
Prosser, 'Comparative Negligence' (1953) 51 Michigan Law Review 465.
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were not barred from recovery based on their participation, although their conduct might constitute comparative negligence that would reduce their recovery." Johnson, supra note 28, at 337-38 (explaining voluntary participants in inherently dangerous activity may qualify as comparatively negligent conduct).
comparative negligence. (66) In doing so, the court was among the first
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