Torts
Comparative Negligence
A fault-allocation rule reducing or sometimes barring recovery based on the plaintiff’s share of responsibility.
Plain-English definition
Comparative negligence asks whether the injured plaintiff also acted unreasonably and contributed to the harm. Depending on the jurisdiction, the plaintiff’s damages may be reduced by their percentage of fault or barred if fault crosses a threshold.
How it works
Defendants plead comparative negligence as a defense and use discovery to develop facts about plaintiff conduct, warnings, choices, and alternative causes.
Why it matters
Fault percentages can turn a large verdict into a smaller judgment, or eliminate recovery entirely in modified comparative-fault states.
Related terms
More in Torts
Damages
Money awarded to compensate for loss, punish misconduct, or otherwise remedy a legal wrong.
Negligence
A civil wrong based on failing to use reasonable care, causing legally recognized harm to another person.
Proximate Cause
The legal limit on causation, asking whether the harm is closely enough connected to the defendant’s conduct to justify liability.
Punitive Damages
Money damages awarded to punish the defendant and deter similar conduct, beyond the plaintiff's actual losses.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.