Comparative Negligence

Definition

Comparative Negligence is a legal doctrine in tort law which allocates damages in an accident based on each party’s degree of fault. Unlike contributory negligence, which can bar recovery entirely if the plaintiff is at any fault, comparative negligence allows a plaintiff to recover damages reduced by their percentage of fault in causing the accident.

Examples

Auto Accident: If Driver A and Driver B are involved in an accident where Driver A is found to be 40% at fault for not obeying the speed limit, and Driver B is 60% at fault for running a red light, any damages awarded will be reduced by Driver A’s 40% fault.
Slip and Fall: If a shopper in a grocery store slips on a wet floor but is found to be 20% at fault for not paying attention to a warning sign, and the store is 80% at fault for not cleaning the spill, any compensation awarded to the shopper will be reduced by their 20% fault.

Frequently Asked Questions

1. What is the difference between pure and modified comparative negligence?

Pure Comparative Negligence: The plaintiff can recover damages no matter the degree of their fault, even if they are 99% at fault; however, their damages would be reduced by their percentage of fault.
Modified Comparative Negligence: The plaintiff can only recover if their fault is below a certain threshold (usually 50% or 51%). If their fault exceeds this threshold, they are barred from recovery.

2. How does comparative negligence affect insurance claims?

In comparative negligence jurisdictions, insurance companies will assess the degree of fault for each party and adjust the payout amount based on the insured party’s degree of fault.

3. Can comparative negligence apply to medical malpractice?

Yes, comparative negligence can apply to medical malpractice cases where both the healthcare provider’s actions and the patient’s actions contributed to the harm.

4. What is the main criticism of comparative negligence?

Critics argue that comparative negligence can lead to more complex litigation as parties argue over the precise calculation of fault percentages, which can prolong the resolution of cases.

Contributory Negligence: A doctrine in tort law where if the plaintiff is found to be at any fault for the accident, they are completely barred from recovering damages.
Tort Law: A section of law that deals with civil wrongs, not arising out of contractual obligations.
Joint and Several Liability: A legal concept where each defendant can be held responsible for the full damage amount, irrespective of their share of fault.

Online References

Suggested Books for Further Studies

“The Law of Torts” by Dan B. Dobbs, Paul T. Hayden, and Ellen M. Bublick
“Tort Law: Responsibilities and Redress” by John C.P. Goldberg, Anthony J. Sebok, and Benjamin C. Zipursky
“Prosser and Keeton on Torts” by W. Page Keeton

Fundamentals of Comparative Negligence: Law Basics Quiz

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Comparative Negligence