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 ?
Consider the sheer number of claims involving intersections, lane changes, parking lots, slip and falls, assumption of risk, or liquor liability and the comparative negligence that should almost always be evident.
Almost all states now have some form of "comparative negligence," meaning that the patient's recovery is reduced by the proportion of the blame (negligence) that is attributed to the patient.
(56) This de facto system resembles not merely modern comparative negligence but the more severe common-law contributory-negligence regime.
24, 2013) ("[I]t is clear that Florida's system of comparative negligence was implemented for the express purpose of allowing recovery in negligence cases based on a jury's allocation of comparative fault--on a percentage basis--among all individuals who were negligent in bringing about an injury."); Nash v.
Yet although a consensus rapidly formed in favour of replacing contributory negligence with comparative negligence, supporters of the new rule nevertheless ran into a potential problem: the rule of contributory negligence had been around for hundreds of years and had been repeatedly reaffirmed and elaborated during that time.
South Dakota was once a pioneer in the area of comparative negligence law.
(11) Ultimately, this Note proposes that, at least from a theoretical standpoint, the one-action rule provides an element of fairness that might otherwise be missing from comparative negligence law.
The state's high court reversed the promissory estoppel portion of the judgment because the negligence claim, including the jury's assessment of comparative negligence, was a remedy.
705, 715 (1985) (explaining comparative negligence principles); 1 Comparative Negligence Manual [section] 6:5 (3d ed.) (explaining comparative negligence principles); Vincent R.
comparative negligence, which merely reduces a plaintiff's recovery
Andrich, (20) held that although the state's Comparative Negligence Act extends beyond ordinary negligence actions to include intentional torts, it does not apply to allow comparative fault apportionment of punitive damages for any type of act.
VERDICT $2 million gross verdict in Georgia, with a finding of 47% comparative negligence.

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