Comparative negligence
Comparative negligence, called non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury. When the defense is asserted, the factfinder, usually a jury, must decide the degree to which the plaintiff's negligence and the combined negligence of all other relevant actors all contributed to cause the plaintiff's damages. It is a modification of the doctrine of contributory negligence that disallows any recovery by a plaintiff whose negligence contributed even minimally to causing the damages.
Part of the common law series |
Tort law |
---|
(Outline) |
Trespass to the person |
Property torts |
|
Dignitary torts |
|
Negligent torts |
|
Principles of negligence |
|
Strict and absolute liability |
|
Nuisance |
|
Economic torts |
|
Defences |
|
Liability |
|
Remedies |
|
Other topics in tort law |
|
By jurisdiction |
|
Other common law areas |
|
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.