comparative negligence


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Related to comparative negligence: contributory negligence, Assumption of risk

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)

comparative negligence

(US) see CONTRIBUTORY NEGLIGENCE.
References in periodicals archive ?
The introduction of comparative negligence would address the original assumption, that the worker be incapable of avoiding the harm, without barring him or her from recovery in the way that contributory negligence did.
HISTORY: FROM CONTRIBUTORY NEGLIGENCE TO COMPARATIVE NEGLIGENCE DETERMINED IN ONE-ACTION
Given the costs of foreseeable misuse, comparative negligence, and other doctrines that effectively tax relatively careful consumers to pay for the injuries of careless consumers, courts should approach these doctrines with an eye toward restraining their scope within narrow and predictable bounds.
Comparative negligence -- this is when the court decides on a percentage split (say 60-40) in terms of who is negligent.
The airline also has the opportunity to show comparative negligence by the plaintiff passenger, which, if shown, reduces the amount of any award of damages.
Comparative negligence is another doctrine used in determining monetary damages when injuries occur.
Examples of tort actions that are not barred in some states include: actions under federal and state antidiscrimination laws; trespass; invasion of privacy; sexual harassment; dual capacity; comparative negligence states and related actions for contribution; and intentional torts.
Other efficient care-based rules include strict liability plus contributory negligence, negligence plus contributory negligence, and comparative negligence.
Valdes $260,000 for his injuries but found him 70% liable and the store 30% liable under Florida's comparative negligence law.
For all 50 states, the volume includes summaries of controlling statutes and case law for such topics as: statutes of limitations; tort reform; 'no-fault' limitations; the standard for negligence; causation; comparative negligence and assumption of risk; several liability; indemnity; bar of worker's compensation statute; premises liability; economic loss; fraud and misrepresentation; punitive damages; wrongful death; and attorney fees.

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