Comparative Negligence

Posted on August 10, 2015

Comparative and contributory negligence are theories of recovery that consider the plaintiff’s responsibility in causing his or her own injury. Under a comparative negligence system, the plaintiff’s damages shall be diminished in proportion to his or her share of the fault. Comparative negligence generally does not prohibit a plaintiff’s recovery unless the plaintiff’s share of fault is greater than the defendant’s (or defendants’) share of fault.