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 settlement amount was not stated, but the process of negotiating a settlement would allow factoring in the comparative negligence aspect of the case.
This situation of the substitution of comparative negligence for contributory negligence illustrates Hayek's claim about the propriety of using legislation to rectify evolutionary dead ends in common law precedent.
South Dakota was once a pioneer in the area of 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.
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.
705, 715 (1985) (explaining comparative negligence principles); 1 Comparative Negligence Manual [section] 6:5 (3d ed.
both into the doctrine of comparative negligence, they have in fact
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.
In light of these mutual expectations, this analysis discusses the ability of accountants to defend against professional malpractice suits using a comparative negligence defense.
Given the preference of economic theory for market solutions and private ordering, it seems that workers' compensation systems, which substitute the individual action against the employer with a claim against a private or public insurance carrier and even dispense with the defense of comparative negligence are unattractive.
Under this view, the comparative negligence of the plaintiff and other third party tortfeasors in causing the accident is deemed irrelevant and inadmissible.

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