Liability

What is Comparative Negligence?

A doctrine that reduces a plaintiff's recovery by their percentage of fault for the injury.

Definition

Comparative negligence allows partially at-fault plaintiffs to recover damages, but reduces the recovery proportionally. Three flavors exist: pure comparative (recover even if 99% at fault, NY/CA), modified 50% rule (barred if 50%+ at fault, FL post-2023), and modified 51% rule (barred if more than 50% at fault, PA/NJ/IL/TX).

How it applies in personal injury cases

The rule that applies determines whether a case is viable. A plaintiff who is 60% at fault recovers nothing in PA/NJ/IL/TX (51% rule), recovers 40% in NY/CA (pure), and recovers nothing in FL (50% rule, post-2023 reform). For shared-fault cases, knowing which rule applies before signing is critical.

Related terms

Contributory Negligence

An older doctrine, still active in a few states, that completely bars a plaintiff from recovery if they were even 1% at fault.

Negligence Per Se

A doctrine where violating a safety statute is automatically considered negligence, eliminating the need to prove duty and breach separately.

Joint and Several Liability

A doctrine that allows a plaintiff to recover the full amount of damages from any one of multiple defendants, regardless of each defendant's percentage of fault.

This entry is a plain-English reference for personal injury practice. It is not legal advice — consult a licensed attorney in your jurisdiction for the law applicable to your case.

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