comparative negligence

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Definition
  1. Noun:
    • A legal doctrine: In tort law, "comparative negligence" is a principle used to allocate fault between parties involved in an accident or injury. It reduces the plaintiff's damages award by a percentage equal to their share of the responsibility for the harm.
Usage
  • In legal contexts: This term is used in courtrooms, legal documents, and discussions about liability to describe how damages are calculated when both the plaintiff and defendant are found to be at fault.
  • Example Sentence:
Advanced Usage
  • "Pure comparative negligence": A rule that allows a plaintiff to recover damages even if they are 99% at fault, though the award is reduced by their percentage of fault.
    • In a state with pure comparative negligence, a plaintiff found to be 80% responsible can still recover 20% of the damages from the defendant.
  • "Modified comparative negligence": A rule that bars recovery if the plaintiff's fault reaches a certain threshold, typically 50% or 51%.
    • Under modified comparative negligence, a plaintiff who is found to be 51% or more at fault cannot recover any damages.
Variants and Related Words
  • Contributory negligence (n): An older, stricter legal doctrine that completely bars a plaintiff from recovery if they are found to have contributed in any way to their own injury.
  • Comparative fault (n): A term often used interchangeably with "comparative negligence."
Synonyms
  • Apportioned liability: The assignment of responsibility for damages in proportion to fault.
  • Proportional negligence: Negligence assessed as a share of the total fault.
Related Phrases
  • To allocate fault: To assign percentages of responsibility to the parties involved.
    • The court's task was to allocate fault between the driver and the pedestrian.
  • To reduce damages: To decrease the monetary compensation awarded.
    • The finding of comparative negligence will reduce the damages the plaintiff receives.
Related Idioms

(This legal term does not have common idiomatic expressions in everyday English. Its usage is confined to formal legal contexts.)

Noun
  1. (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff