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What is comparative negligence?

April 26, 2017comparative negligence

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What is comparative negligence?

10 Answers

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The term “negligence” denotes the failure to act as a reasonable, careful, and prudent person would act under the same or similar circumstances. Simply stated, negligence is carelessness.

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This is when damages awarded for negligence may be reduced if there was some type of contributory/comparative negligence. There are some circumstances where people doing something one “assumes” carries a risk, the case may be dropped or the award reduced.

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Under the doctrine of comparative negligence, a party who is partially at fault for his or her own injuries can still recover for those injuries from another party whose negligence also contributed to the injuries. Basically, the fault of every party involved is compared. The amount of compensation awarded to an injured person will be reduced by his or her share, or percentage, of the total fault.

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Comparative negligence is the law that governs all negligence accidents in the State of Minnesota. Comparative negligence is typically a fact determination for a jury in which they are asked to compare the fault of the person who is making the claim and the fault for the person who is said to have caused the claim. If the person who is bringing the claim’s negligence is determined to be greater than that of the person who is claimed to have caused the injury, then that person is not entitled to recover.

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This is a method of comparing all the negligence of all parties involved in an accident. Each party involved is assigned a certain “percentage” of how much they were at fault. This percentage can help to determine how much compensation a personal injury victim may be entitled to.