Legal Dictionary

Comparative Negligence

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Comparative negligence: reduces the amount of damages a plaintiff can recover based upon the plaintiff’s own negligent contribution to the injury.

  1. Pure comparative negligence:
    Plaintiffs can recover some percentage from a defendant who is liable regardless of the extent of their own negligence.
  2. Modified comparative negligence:
    Plaintiffs are allowed a partial recovery just like pure comparative negligence, until the plaintiff is greater than 50% at fault.  If the plaintiff is greater than 50% at fault, in many tort cases they will be barred from recovery.  (Some state laws set this number lower.)
Example 1: Plaintiff and defendant both speeding when the two collide.  A court finds plaintiff 10% at fault and defendant 90% at fault.  Plaintiff has $10,000 in damages.  Under pure comparative negligence, plaintiff can recover $9,000.  [$10,000 damages x 10% amount of plaintiff’s fault = $1,000 reduction].
Example 2: Plaintiff and defendant both speeding when the two collide.  A court finds plaintiff 90% at fault and defendant 10% at fault.  Plaintiff has $10,000 in damages.  Under modified comparative negligence, plaintiff is barred from recovery because they were greater than 50% at fault.