comparative negligence

comparative negligence
comparative negligence see negligence

Merriam-Webster’s Dictionary of Law. . 1996.

comparative negligence
A system under which negligence is computed in terms of percentage, and a party’s damages will be reduced by the amount that his or her negligence contributed to them; contributory negligence has largely replaced the doctrine of comparative negligence.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.

comparative negligence

Collins dictionary of law. . 2001.

comparative negligence
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
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

comparative negligence
The rule under which negligence is measured by percentage, and damages are diminished in proportion to the amount of negligence attributable to the person seeking recovery.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

comparative negligence
   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 problematic, difficult, and possibly totally 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.

Law dictionary. . 2013.

Look at other dictionaries:

  • Comparative negligence — For other uses, see Negligence (disambiguation). Tort law …   Wikipedia

  • comparative negligence — Under comparative negligence statutes or doctrines, negligence is measured in terms of percentage, and any damages allowed shall be diminished in proportion to amount of negligence attributable to the person for whose injury, damage or death… …   Black's law dictionary

  • Comparative Negligence — A principle of tort law that applies to casualty insurance in certain states. Comparative negligence states that when an accident occurs, the fault/negligence of each party involved is based upon their respective contributions to the accident.… …   Investment dictionary

  • comparative negligence — the negligence of the defendant in an action to recover damages for negligence as compared with that of the plaintiff, the comparison being made for the purpose of applying the rule of admiralty, which has been adopted by statute for negligence… …   Ballentine's law dictionary

  • comparative negligence — noun (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑negligence, ↑carelessness, ↑neglect, ↑nonperforman …   Useful english dictionary

  • negligence — neg·li·gence / ne gli jəns/ n: failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation; also: conduct… …   Law dictionary

  • comparative fault — n: a doctrine in torts in which the fault attributable to each party is compared and any award to the plaintiff is reduced in proportion to the plaintiff s share of the fault: comparative negligence(b) at negligence compare contributory… …   Law dictionary

  • Negligence (disambiguation) — Negligence may refer to: In law Negligence, a concept in the law of tort Negligence per se, a legal doctrine whereby an act is considered negligent because it violates a statute or regulation Negligence in employment, several causes of action in… …   Wikipedia

  • comparative — com·par·a·tive /kəm par ə tiv/ adj: characterized by systematic comparison comparative contribution, which apportions according to...respective fault W. L. Prosser and W. P. Keeton com·par·a·tive·ly adv Merriam Webster’s Dictionary of Law.… …   Law dictionary

  • negligence, willful, wanton, or reckless — n. Negligence done with complete disregard to the risks and with conscious indifference to the consequences. See also comparative negligence The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell.… …   Law dictionary

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