What does comparative negligence assess?

Comparative negligence is a legal doctrine used to determine the extent to which a plaintiff may have contributed to their own injury in a negligence claim. It specifically assesses the percentage of harm that the plaintiff is responsible for, which can affect the amount of damages they are entitled to receive. Under this principle, if a plaintiff is found to be partially at fault for their injuries, their damages may be reduced in proportion to their level of responsibility. For instance, if the plaintiff is deemed to be 30% at fault for an accident, their total award for damages could be reduced by that percentage.

In this context, understanding comparative negligence helps both plaintiffs and defendants better navigate legal claims and potential financial outcomes following an injury. The percentage assessment is crucial in cases where multiple parties may be at fault, ensuring a fair distribution of liability based on each party's contribution to the incident.