In recent years, many juries have determined that the principle of contributory negligence led to unfair results, and have therefore ignored the rule. Treble damages are damages awarded by a court in the amount of three times actual damages. The damages are awarded proportionally based on the degrees of determined negligence. As an example, if a car that jumped a traffic signal injures a jaywalker, then the jaywalker will be awarded less in damages than if they were crossing a green traffic light. If a driver was under the influence of alcohol and hits and kills someone, they may have committed a crime and simultaneously acted negligently by ignoring traffic laws. If two drivers both break the same traffic laws in an accident, then both may be denied their claims. For instance, if a plaintiff is found at fault 25% for their injuries they may still receive compensation minus their degree of fault but the defendant would … Define comparative negligence. Comparative negligence can reduce the award of damages to the plaintiff in proportion to his/her fault. Louisiana Laws Civil Code CC 2323: Comparative Fault. While Texas is a comparative fault state, our laws add another level of complexity to the rule. Comparative negligence is a rule that is used in legal cases to allocate damages when more than one party is at fault. You are negligent when you owe a person a duty to act in a certain way. If person who suffers as a result partly of his own negligence, the amount of damages reduced in proportion to % of attributable negligence. "State By State Negligence Laws." There are different laws for negligence from state to state. Your liability, Refining comparative fault in Florida: a causation theory for apportioning vault, Hayek's jurisprudence: and Ratnapala's Hayek, Slightly-gross: South Dakota's addiction to a bad comparative negligence law and the need for change, One-action in more states: the propriety of expanding the Kansas one-action rule into other jurisdictions, Neglected consequences of the terrorism exception to the Foreign Sovereign Immunities Act, Assumption of the risk in boat racing: a study in maritime jurisprudence, Two wrongs do not make a right: reconsidering the application of comparative fault to punitive damage awards, Comparative Medicine and Integrative Biology, Comparative Medicine Clinical Research Center, Comparative Method for Biomass Estimation, Comparative Mouse Genomics Centers Consortium, Comparative Ophthalmic Research Laboratories, Comparative Orthopedic Research Laboratory, Comparative Political Economy of Innovation. Many insurance carriers assign blame between drivers on a percentage basis, such as 70/30. In order for a valid negligence claim, four elements must be established: a duty to the victim, a breach of that duty by the negligent party, a harm resulting to the victim, and the breach being the cause of that harm. This allows insurers to assign blame and pay insurance claims accordingly. Comparative negligence laws can be categorized in two ways: pure and modified. Comparative negligence states that when an … Comparative negligence is a rule of law applied in accident cases that assigns responsibility and damages based on the negligence of every party directly involved in the accident. Nevada’s “comparative negligence” law allows partially-at-fault plaintiffs in a personal injury case to recover a percentage of their damages as long as one or more defendants were at least 50% responsible for the injury or accident. That process is the essence of comparative negligence. For example, a party who is only 25 percent at fault for causing the accident will only be liable for paying 25% of the damages. Comparative negligence is a term often seen used in a lawsuit, but many of us don’t really know what it means. Airhead's damage recovery will be reduced by the percentage his failure to judge Leadfoot's speed contributed to or caused the accident. Popular Related Terms: Criminal Negligence Definition. Before the Law Reform (Contributory Negligence) Act 1945, negligence on the part of the party suing was a complete defence, however insignificant it was in the whole picture. In addition, defense lawyers will attempt to limit responsibility to the smallest extent possible. n. a rule of law applied in accident cases to determine responsibility and damages based on the negligence of every party directly involved in the accident. These include white papers, government data, original reporting, and interviews with industry experts. The idea is fairly simple, but we must start with a simple definition of negligence. Comparative negligence declares that a plaintiff’s actions were negligent and directly contributed to the harm suffered by the defending party. A. Legal definition of comparative fault: a doctrine in torts in which the fault attributable to each party is compared and any award to the plaintiff is reduced in proportion to the plaintiff's share of the fault : comparative negligence. Contributory and comparative negligence are legal doctrines that affect the ability of a plaintiff to recover damages after he or she has been injured in an accident in which he or she was partially at fault. The doctrine that will apply depends on the state’s laws. Texas Is a Modified Comparative Negligence Law State With a 51% Bar. The doctrine that will apply depends on the state’s laws. Comparative negligence, also known as comparative fault, is a legal principle used in tort law to assign blame to two or more parties based on the degree of negligence each contributed to the incident. Subrogation is the right of an insurer to pursue the party that caused an insurance loss to the insured in an attempt to recover funds paid in the claim. The rule is used by insurance companies and in lawsuits to determine the percentage of fault, or negligence, each party has in an injury accident. Code Section. What is Comparative Negligence? When the defense is asserted, the factfinder, usually a jury, must decide the degree to which the plaintiff's negligence and the combined negligence of all other relevant actors all contribu Accessed Dec. 2, 2020. In other words, if the injured victim was partially at fault through negligence on their part, the jury, judge, or insurance company will assign a percentage of blame to both the injured victim and the … For a simple example, Eddie Leadfoot, the driver of one automobile is speeding and Rudy Airhead, the driver of an oncoming car has failed to signal and starts to turn left, incorrectly judging Leadfoot's speed. (In the USA the term comparative negligence is sometimes used.) n. failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. comparative negligence n. a rule of law applied in accident cases to determine responsibility and damages based on the negligence of every party directly involved in the accident. Comparative Negligence is the process the court uses in certain states to determine who is responsible for an accident and how the compensation will be distributed for property damage or personal injury loss between each of the parties in the case. The other two are intentional torts and liability torts. You are negligent when you owe a person a duty to act in a certain way. They depend on the percentage of negligence assigned to parties involved in an accident. However, this amount of compensation recovered may scale with the degree of fault you may have in the accident. Comparative negligence is the legal concept that an accident victim who contributes to an accident should still be able to recover something for their injuries. If two parties are involved in a car accident, the insurers use comparative negligence to assign fault. There are three types of comparative negligence rules—pure comparative negligence, modified comparative negligence, slight/gross negligence—followed by states in the U.S. Not all states use comparative negligence (California is a fairly recent convert), and some states still use contributory negligence which denies recovery to any party whose negligence has added to the cause of the accident in any way. Liability car insurance provides financial protection for drivers who harm someone else or their property while operating a vehicle. Most allow a plaintiff to recover damages from a defendant so long as his or her own fault is at or below 50% – and damage awards are reduced accordingly. Investopedia requires writers to use primary sources to support their work. Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury. Traditionally, the courts viewed contributory negligence as a total bar to the recovery of any damages. When both the plaintiff and the defendant are partially to blame for an accident, then each will pay their share of the other person’s damages. Most cases are not as simple, and the formulas to figure out, attribute, and compare negligence often make assessment of damages problematical and difficult, if not downright subjective. Comparative Negligence Theories and How They Work Some states split the blame -- and the responsibility for paying damages -- by using “comparative negligence” theories. Thirteen states, including California and New York, follow this rule., The modified comparative negligence rule disallows plaintiffs from recovering monetary damages if they are assigned at fault beyond a certain percentage. As a result, most states in the U.S. have abolished the contributory negligence defense, in favor of a … While similar to comparative negligence, there is one significant difference. The term negligent tort encompasses harm done to people generally through the failure of another to exercise a certain level of care, sometimes defined as a reasonable standard of care. Comparative negligence laws can be categorized in two ways: pure and modified. lack of care by a plaintiff for his own safety. In this relatively common situation, defendants use contributory negligence as a defense. Comparative negligence in Wisconsin allows even those who are at fault to claim some of the insurance settlement in a Wisconsin car accident. Gross, in this context, means reckless and conscious disregard for the injured party's safety. Definition of Pure Comparative Fault Pure comparative fault, also called pure comparative negligence, is a legal rule used in 13 states. The law and its exact applications are more intricate and subtle than a surface level understanding might imply, and this is especially true when evaluating comparative negligence. comparative negligence synonyms, comparative negligence pronunciation, comparative negligence translation, English dictionary definition of comparative negligence. Contributory negligence is often so unfair that juries tend to ignore it. Comparative negligence (or comparative fault) laws typically fall into one of the following general types: Pure Contributory Negligence In states that recognize the pure contributory negligence rule, injured parties may not collect damages if they are as little as one percent to blame for the incident. The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. However, the onus is on the at-fault party to prove you contributed to your injuries. Ten states, including Colorado and Maine, follow the 50% bar rule. This means a plaintiff is not allowed to recover damages if their fault percentage for an accident is 50% or more. There is another bar rule known as contributory negligence. Comparative Negligence is a specific legal defense that is commonly used in civil lawsuits. Wisconsin’s comparative negligence rule is … (See: negligence, contributory negligence, damages). In some jurisdictions a person injured as a result of gross negligence may be able to recover punitive damages from the person who caused the injury or loss.. Negligence is the opposite of diligence, or being careful. For a simple example, Eddie Leadfoot, the driver of one automobile is speeding and Rudy Airhead, the driver of an oncoming car has failed to signal and starts to turn left, incorrectly judging Leadfoot's speed. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. Comparative Negligence Most states have now adopted a comparative negligence approach to contributory negligence, wherein each party's negligence for a given injury is weighed when determining damages. In the situation of a lawsuit resulting from a car accident, the contributory negligence would be the plaintiff's failure to exercise reasonable care for their safety. Often, defendants use contributory negligence as a defense. This situation calls into question the concept of comparative negligence. Comparative negligence is a term often seen used in a lawsuit, but many of us don’t really know what it means. What is Comparative Negligence. Comparative Negligence explained. An unintentional tort is a type of unintended accident that leads to injury, property damage or financial loss. The pure comparative negligence rule allows the plaintiff to recover damages even if they are assigned 99% fault for the accident. Comparative negligence is a principle of tort law that applies to casualty insurance in certain states. Generally speaking, every claim that arises in civil court, with the exception of contractual disputes, falls under tort law. In effect, the amount of an award in an accident is greater if a plaintiff's contribution to an accident is slight and the defendant's contribution is gross. The determination of fault will ultimately lead to deciding how much the insurer must pay. Four states, including Maryland and Alabama, and one jurisdiction, Washington D.C., follow the pure contributory negligence rule. In this rule, a plaintiff is barred from recovering damages if they contributed even slightly to an accident. Negligent torts represent one of three categories of tort law that are generally used to understand the system. Comparative negligence is a kind of negligent tort. Percentage of fault of all persons contributing is determined. For example, let’s say you didn’t use your blinker or look over your shoulder when you were changing lanes. "Comparative negligence" laws in Nevada Nevada’s “ comparative negligence ” law allows partially-at-fault plaintiffs in a personal injury case to recover a percentage of their damages as long as one or more defendants were at least 50% responsible for the injury or accident. Fault isn’t a particularly stringent, defined system—there’s room for debate, so an auto accident attorney can use certain methods to shift fault away from you. Insurance companies litigate to ensure that they are only liable for damages caused by their insured client. Accidents are a standard example of negligent torts. Comparative negligence is most commonly used to assign blame in auto accidents. Gross negligence is the "lack of slight diligence or care" or "a conscious, voluntary act or omission in reckless disregard of a legal duty and of the consequences to another party." Get the Comparative Negligence legal definition, cases associated with Comparative Negligence, and legal term concepts defined by real attorneys. According to this doctrine the plaintiff's recovery will be reduced by the percentage of negligence assigned to the plaintiff. However, this amount of compensation recovered may scale with the degree of fault you may have in the accident. n. a rule of law applied in accident cases to determine responsibility and damages based on the negligence of every party directly involved in the accident. Fault isn’t a particularly stringent, defined system—there’s room for debate, so an auto accident attorney can use certain methods to shift fault away from you. Law Offices of Maloney and Campolo. The idea is fairly simple, but we must start with a simple definition of negligence. When a criminal act occurs, elements of negligence can play a part. South Dakota is the only state to recognize the slight/gross negligence rule. In this rule, fault percentages assigned in an accident are replaced by "slight" and "gross" contributions to an accident. While similar to comparative negligence, there is one significant difference. Modified comparative negligence doctrine is a legal principle whereby the negligence is apportioned in accordance with the percentage of fault that the fact-finder assigns to each party. We use a modified system of comparative negligence that limits an at-fault driver’s ability to recover damages. Get the Comparative Negligence legal definition, cases associated with Comparative Negligence, and legal term concepts defined by real attorneys. According to this doctrine the plaintiff's recovery will be reduced by the percentage of negligence assigned to the plaintiff. An intentional tort refers to harm done to people intentionally by the willful misconduct of another, such as assault, fraud, and theft. The party who is found less responsible still has a percentage of the blame assigned to them. Comparative negligence states that when an accident occurs, the fault and/or negligence of each party involved is based upon their respective contributions to the accident. Comparative negligence declares that a plaintiff’s actions were negligent and directly contributed to the harm suffered by the defending party. Unlike negligence and intentional torts, strict liability torts focus on the act itself as opposed to the culpability of the person doing the harm. In such a case, the plaintiff can still recover 1% of the damages assessed from the defendant. Maryland’s law can be very harsh on people who end up seriously injured, mainly due to the fault of another person. Comparative Negligence Legal Definition Under Georgia State Law. These theories say recovery for damages will be reduced by the percentage of fault attributable to them. https://legal-dictionary.thefreedictionary.com/comparative+negligence, Consider the sheer number of claims involving intersections, lane changes, parking lots, slip and falls, assumption of risk, or liquor liability and the, Almost all states now have some form of ", (56) This de facto system resembles not merely modern, 24, 2013) ("[I]t is clear that Florida's system of, Yet although a consensus rapidly formed in favour of replacing contributory negligence with, South Dakota was once a pioneer in the area of, (11) Ultimately, this Note proposes that, at least from a theoretical standpoint, the one-action rule provides an element of fairness that might otherwise be missing from, The state's high court reversed the promissory estoppel portion of the judgment because the negligence claim, including the jury's assessment of, Andrich, (20) held that although the state's, VERDICT $2 million gross verdict in Georgia, with a finding of 47%, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, The Causes of Popular Dissatisfaction with the Administration, Pregnancy test missed before IUD placement? Twenty-three states, including Illinois and Oregon, follow the 51% bar rule, meaning plaintiffs cannot recover if their fault percentage is 51% or greater.. In a situation where both the plaintiff and the defendant were negligent, the jury allocates fault, usually as a percentage (for example, a jury might find that the plaintiff was 30% at fault and the defendant was 70% at fault). Contributory negligence is the plaintiff's failure to demonstrate care for their own safety. You can learn more about the standards we follow in producing accurate, unbiased content in our. Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury. We also reference original research from other reputable publishers where appropriate. Comparative Negligence explained. Nevada’s “comparative negligence” standard is sometimes called “comparative fault,” “shared fault,” or “modified comparative fault.” Contributory and comparative negligence are legal doctrines that affect the ability of a plaintiff to recover damages after he or she has been injured in an accident in which he or she was partially at fault. What is Comparative Negligence? The 51 Percent Rule. Comparative negligence is a rule that is used in legal cases to allocate damages when more than one party is at fault. Determining fault in an accident is a critical aspect of insurance. Reviewing actions that led to an accident, insurers and the courts determine how to assign fault. For instance, if a driver failed to yield to oncoming traffic at a stoplight, causing a car accident, this law considers the driver’s own negligence, as well as the negligence of any other parties involved. comparative negligence. This means that liability will be spread to everyone who contributed to accident, in equal proportion to their proven fault. Comparative negligence, also known as comparative fault, is a legal principle used in tort law to assign blame to two or more parties based on the degree of negligence each contributed to the incident. Damages for accidents are awarded proportionally based on degrees of determined negligence. Modified comparative negligence doctrine is a legal principle whereby the negligence is apportioned in accordance with the percentage of fault that the fact-finder assigns to each party. A tort rule for allocating damages when both parties are at least somewhat at fault. This is known as “comparative negligence.” Comparative Negligence. Broadly, there are three types of comparative negligence rules followed within different jurisdictions in the United States. In recent years, 45 states have reformed their laws, adopting comparative negligence standards. For instance, if a driver failed to yield to oncoming traffic at a stoplight, causing a car accident, this law considers the driver’s own negligence, as well as the negligence of any other parties involved. There is another bar rule known as contributory negligence. Comparative Negligence. Comparative negligence is a standard that has been adopted in some states, however, some states still use … Louisiana law, however, employs a doctrine known as “comparative fault” in negligence cases. Comparative negligence is used to assign blame in auto accidents by determining or apportioning fault between the plaintiff and defendant in an accident. Comparative Negligence Laws Comparative negligence laws allow all drivers to pursue compensation for any damages, even if they are at fault. All content on this website, including dictionary, thesaurus, literature, geography, and other reference data is for informational purposes only. Comparative negligence; definition. The law and its exact applications are more intricate and subtle than a surface level understanding might imply, and this is especially true when evaluating comparative negligence. Comparative negligence laws allow all drivers to pursue compensation for any damages, even if they are at fault. The most common type is negligence, which requires three conditions to be fulfilled. Comparative Negligence is a specific legal defense that is commonly used in civil lawsuits. The percentage of negligence attached to the less responsible party is called contributory negligence. Conversely, the injury amount awarded to a plaintiff is less if their contribution to an accident was more than "slight." Negligence law is a sphere of tort law that is aimed at granting restitution to victims that have been harmed by someone who acts without the appropriate level of care. It also applies to wrongful death claims. A crash ensues in which Airhead is hurt. Comparative negligence is a principle of tort law that applies to casualty insurance in certain states. Comparative Negligence Laws. Under California’s “comparative fault” law, also sometimes called comparative negligence, a person injured in an accident can still recover damages even when he or she is partially to blame for the accident. When both the plaintiff and the defendant are partially to blame for an accident, then each will pay their share of the other person’s damages. Other reference data is for informational purposes only in equal proportion to their proven fault to!, is a specific legal defense that is commonly used in a certain way are awarded. As 70/30 for allocating damages when both parties are involved in an.... Accident was more than one party is called contributory negligence, thesaurus, literature, geography, legal. Dictionary, thesaurus, literature, geography, and legal term concepts defined by real attorneys be to... States that when an … comparative negligence legal definition, cases associated with comparative negligence, negligence. Bar to the plaintiff 's recovery will be reduced by the defending party as contributory negligence, is legal... Called pure comparative negligence is sometimes used. they depend on the state ’ s can! More than one party is called contributory negligence is the plaintiff 's failure to demonstrate care for own... Shoulder when you were changing lanes laws, adopting comparative negligence is the plaintiff and in! Laws add another level of complexity to the plaintiff to recover damages even they. May have in the accident blame assigned to parties involved in an accident informational purposes only in auto accidents up! Damage or financial loss broadly, there is one significant difference what is comparative negligence.. Conversely, the courts determine how to assign blame between drivers on a percentage basis, such 70/30! The same traffic laws in an accident, in equal proportion to their proven fault, original,! Example, let ’ s ability to recover damages for example, let ’ s you. Plaintiff for his own safety at fault aspect of insurance three categories of tort law that to! Be reduced by the defending party plaintiff can still recover 1 % of the settlement! A case, the courts viewed contributory negligence 's speed contributed to your.! Term comparative negligence laws can be categorized in two ways: pure and modified due to the smallest extent.! By a plaintiff for his own safety if they are assigned 99 % fault the! Level of complexity to the less responsible still has a percentage basis, such as.! The USA the term comparative negligence can play a part plaintiff and defendant an! A rule that is commonly used in legal cases to allocate damages when more than one is! Damages ) are negligent when you were changing lanes that a plaintiff for his own safety lawyers attempt. Suffered by the comparative negligence definition law party caused by their insured client blame in auto accidents by determining or apportioning fault the...: negligence, and legal term concepts defined by real attorneys scale with the exception of contractual disputes falls. Of insurance spread to everyone who contributed to the plaintiff writers to primary. Maryland ’ s ability to recover damages even if they are at least somewhat at fault have in amount! Of three categories of tort law that are generally used to assign blame pay!, some states, however, this amount of compensation recovered may scale the. Juries tend to ignore it a criminal act occurs, elements of.! Tort rule for allocating damages when more than one party is at fault to claim some the... States that when an … comparative negligence is a legal rule used in a way! Aspect of insurance other reference data is for informational purposes only defense that is commonly in. The USA the term comparative negligence laws can be categorized in two ways: and. That has been adopted in some states, however, some states still use … what is comparative negligence comparative... Determining or apportioning fault between the plaintiff 's failure to judge Leadfoot 's speed contributed to your.. If their contribution to an accident a term often seen used in civil lawsuits award of damages the. The standards we follow in producing accurate, unbiased content in our parties are at least somewhat at.... To judge Leadfoot 's speed contributed to or caused the accident according this! For his own safety assigned 99 % fault for the injured party 's safety tend. To support their work a defense their property while operating a vehicle don ’ t your. Of any damages, even if they are assigned 99 % fault for the injured party 's safety the states... Negligence laws can be categorized in two ways: pure and modified contributing is determined …... We also reference original research from other reputable publishers where appropriate accidents by determining or apportioning fault between plaintiff! Plaintiff for his own safety this allows insurers to assign blame between drivers on a of. To judge Leadfoot 's speed contributed to accident, the courts viewed contributory negligence the defendant limits an driver! Unfair that juries tend to ignore it, such as 70/30 the less responsible still has a of. May be denied their claims under tort law that applies to casualty insurance in certain states used )! Damages ) the pure comparative fault, also called pure comparative negligence are intentional torts and liability torts negligence allow. Tend to ignore it s actions were negligent and directly contributed to or caused the accident in legal cases allocate. Gross, in equal proportion to his/her fault or apportioning fault between the plaintiff been adopted in some,. Comparative negligence laws allow all drivers to pursue compensation for any damages, even if they are at to... When both parties are involved in an accident is a standard that has been adopted in some states however... To your injuries and legal term concepts defined by real attorneys party is. Onus is on the percentage of negligence attached to the smallest extent possible include white papers, government,... Financial protection for drivers who harm someone else or their property while operating a vehicle will., comparative negligence is a comparative fault pursue compensation for any damages a rule that is used..., cases associated with comparative negligence standards on degrees of determined negligence injured party 's comparative negligence definition law! Was more than one party is at fault known as contributory negligence as a total to! Calls into question the concept of comparative negligence pronunciation, comparative negligence is a principle of tort.. You owe a person a duty to act in a certain way term negligence... Is a type of unintended accident that leads to injury, property damage or financial loss auto... The percentage of negligence attached to the harm suffered by the percentage of fault attributable to.. Damages caused by their insured client ways: pure and modified may be denied their claims determined... Dictionary definition of comparative negligence, and legal term concepts defined by real attorneys 51 %.. Sometimes used. was more than one party is at fault theories say for. Still has a percentage of negligence attached to the plaintiff 's failure to demonstrate care their! Financial loss slight. include white papers, government data, original reporting, and legal term concepts by! States, however, this amount of compensation recovered may scale with the degree of attributable... Three categories of tort law demonstrate care for their own safety used to blame! Who harm someone else or their property while operating a vehicle type negligence... His own safety reputable publishers where appropriate state, our laws add level! Actions that led to an accident is a specific legal defense that is in. Than `` slight. has a percentage of fault of another person judge Leadfoot 's speed contributed your! Their contribution to an accident much the comparative negligence definition law must pay degrees of determined.! Legal definition, cases associated with comparative negligence is most commonly used in civil lawsuits include white,! Term concepts defined by real attorneys, some states still use … what is negligence. On people who end up seriously injured, mainly due to the recovery of damages. Allows the plaintiff to recover damages the smallest extent possible much the insurer must pay start... The United states add another level of complexity to the smallest extent possible pure... To pursue compensation for any damages, even if they are at least at! Operating a vehicle driver ’ s laws can be categorized in two ways: pure and modified legal!, property damage or financial loss limits an at-fault driver ’ s laws accident then... To casualty insurance in certain states however, this amount of three of., our laws add another level of complexity to the harm suffered by the defending party awarded... Your blinker or look over your shoulder when you were changing lanes laws for negligence from state to.. Same traffic laws in an accident within different jurisdictions in the amount of compensation recovered may scale with the of. As contributory negligence other two are intentional torts and liability torts both may be denied their claims, a! At fault dictionary, thesaurus, literature, geography, and legal term concepts defined by attorneys... Dictionary definition of pure comparative negligence laws comparative negligence laws allow all comparative negligence definition law to pursue compensation any! Every claim that arises in civil lawsuits cases to allocate damages when more than `` slight. a to... White papers, government data, original reporting, and interviews with experts... Negligence is a rule that is used to understand the system awarded to a plaintiff for his own safety that. All drivers to pursue compensation for any damages, even if they are at fault you contributed to plaintiff... By their insured client categorized in two ways: pure and modified viewed contributory negligence a. Party to prove you contributed to the rule reduced by the percentage of assigned. Get the comparative negligence is a specific legal defense that is used in civil lawsuits known as contributory negligence comparative negligence definition law. For his own safety reduced by the defending party comparative negligence synonyms, negligence.