comparative negligence

Thesaurus

Noun

comparative negligence - (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiffnegligence, nonperformance, carelessness, neglect - failure to act with the prudence that a reasonable person would exercise under the same circumstanceslaw, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"

comparative negligence

A type of negligence in which both the plaintiff and the responsible health care provider can be viewed as sharing responsibility for an adverse outcome

comparative negligence

In forensic medicine, negligence of the plaintiff and defendant measured in terms of percentages. Damages awarded are decreased in proportion to the plaintiff's amount of negligence provided it is less than that of the defendant. Synonym: comparative fault.

comparative negligence

Related to comparative negligence: contributory negligence, Assumption of risk

comparative negligence

n. a rule of law applied in accident cases to determine responsibility and damages based on the negligence of every party directly involved in the accident. For a simple example, Eddie Leadfoot, the driver of one automobile is speeding and Rudy Airhead, the driver of an oncoming car has failed to signal and starts to turn left, incorrectly judging Leadfoot's speed. A crash ensues in which Airhead is hurt. Airhead's damage recovery will be reduced by the percentage his failure to judge Leadfoot's speed contributed to or caused the accident. Most cases are not as simple, and the formulas to figure out, attribute, and compare negligence often make assessment of damages problematical and difficult, if not downright subjective. Not all states use comparative negligence (California is a fairly recent convert), and some states still use contributory negligence which denies recovery to any party whose negligence has added to the cause of the accident in any way. Contributory negligence is often so unfair that juries tend to ignore it. (See: negligence, contributory negligence, damages)

comparative negligence

(US) see CONTRIBUTORY NEGLIGENCE.

comparative negligence

A legal theory in some states that evaluates the negligence of a wrongdoer against any negligence of the injured party that contributed to its injuries,and then assigns a pro rata responsibility for the harm suffered.

Example: If a property owner allows a loose step to remain unrepaired, and a guest loses his or her balance and falls, the property owner has been negligent. If, however, the guest was intoxicated, a jury might decide the guest was 25 percent responsible for the injuries. In such a case, the jury will calculate a dollar value for the injury and associated expenses and will then reduce it by 25 percent in order to arrive at an award.

Contrast with contributory negligence, which denies any award at all if the injured party was at all negligent under the circumstances.

comparative negligence

Related to comparative negligence: contributory negligence, Assumption of risk

noun

Words related to comparative negligence

noun (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff

Related Words

negligence
nonperformance
carelessness
neglect
law
jurisprudence