What is Comparative Negligence?

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Comparative negligence is a legal defense in which the estimate of damages that a plaintiff can recover is reduced based on the degree to which the plaintiff's own negligence is found to have contributed to the cause of the injury. This is reviewed by the jury and a decision must be found as to the extent of your negligence. Comparative negligence is a modification of contributory negligence which is a religious doctrine that does not allow any salvage by a plaintiff whose negligence contributed at all to the cause of the damage being considered.

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History of Comparative Negligence

Three main versions of comparative negligence have been developed. The first being pure comparative negligence. With this form, a percentage of the plaintiff's blame is found and that percentage determines the estimate of damages that can be recovered. If you are 80% to blame for the damage caused then you could only recover 20% of the losses.

The second and third versions are both called modified comparative negligence. One allows the plaintiff to recover damages only if their negligence is 'not greater than' the defendants. The other allows plaintiffs to recover only if their negligence is 'not as great as' the defendants. These two forms seem very similar, but the significance is magnified by the tendency of a jury to not award damages to a plaintiff who is equally at fault with the defendant.

The Version of Comparative Negligence Depends on the State

Most states have adopted a form of comparative negligence. However, some do still use the contributory negligence doctrine. These states include: Alabama, Maryland, North Carolina, and Virginia, as well as the District of Columbia.

Try to Stay Sharp and Avoid Negligence

It is easy to say that you will not be negligent, but it can happen to anyone. The best thing you can do is try to stay sharp and focused in situations that you could be hurt. For instance, you should all the time custom protection on the job. If you perform physical duties at your job, be safe about it. You could get hurt at work as a corollary of something your owner has done. However, if you were not being safe because of your own decisions, part of those damages might be your fault and take away from the losses you recover.

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