Torts
Comparative Negligence
Definition
Comparative negligence is a defense that reduces the plaintiff's recovery by the percentage of fault attributable to the plaintiff. Under pure comparative negligence, the plaintiff can recover even if more at fault than the defendant, minus their share. Under modified comparative negligence (the majority rule), the plaintiff is barred if their fault reaches 50% or 51%, depending on the jurisdiction. Comparative negligence has largely replaced contributory negligence in American jurisdictions.
Example
A jury finds the plaintiff 30% at fault and the defendant 70% at fault for a $100,000 injury. Under comparative negligence, the plaintiff recovers $70,000.