Comparative Negligence

 

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.