A tort rule for allocating damages when both parties are at least somewhat at fault. In a situation where both the plaintiff and the defendant were negligent, the jury allocates fault, usually as a percentage (for example, a jury might find that the plaintiff was 30% at fault and the defendant was 70% at fault). Then each pays their share of the other's damages (in the above example, the plaintiff pays 30% of defendant's damages, and defendant pays 70% of plaintiff's damages). Contrast with contributory negligence.
Definition from Nolo’s Plain-English Law Dictionary
A rule of law applied in negligence cases in which responsibility and damages are based on the proportional fault of every party directly involved. Compare: contributory negligence
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:13 pm