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comparative negligence

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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. 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. A crash ensues in which Airhead is hurt. Airhead's damage recovery will be reduced by the percentage his failure to judge Leadfoot's speed contributed to or caused the accident. 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. 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. Contributory negligence is often so unfair that juries tend to ignore it. (See: negligence, contributory negligence, damages)



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The insurance agency unsuccessfully appealed, claiming: * The evidence was insufficient to support a finding of negligence on its part, largely because the evidence did not support any duty owed to the insured * The action was barred by the statute of limitations * The trial court erred in refusing to find comparative negligence on the part of the owners, who failed to read their insurance policies.
Comparative negligence is another form of defense to prevent a party from claiming damages.
Comparative negligence is a defense to strict liability claims if based on grounds other than the failure of the user to discover the defect or to guard against the possibility of its existence.
 
 
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