When people talk about negligence in a legal context, the term ‘comparative negligence’ often arises. While it’s a term that has been around for many years, many people don’t know what it means.
Comparative negligence is a legal concept which assigns fault and liability for an incident based on the actions of each party involved. In other words, it recognizes that two or more parties can be responsible for an incident, and assigns some degree of liability to each party.
For example, if a person is driving and another car is speeding quickly and unexpectedly, the driver of the second car may be partially responsible for the accident. That is a clear-cut example of comparative negligence. In a situation like this, both parties could be partially responsible for the incident.
Understanding More Complex Situations With Comparative Negligence
Although comparative negligence is relatively easy to understand in a straightforward example like the one above, it is much more complex when applied to more detailed situations. For instance, if a customer visits an unsafe business premise and something happens which causes them injury, the business owner may be found negligent or partly to blame.
It is in these more complex cases that comparative negligence is utilized. If, for example, the customer breached the standard of care expected from a reasonable person, they may be assigned some level of comparative negligence. This means that the responsibility for the accident and the resulting damages are split between the customer and the business owner.
How Is Comparative Negligence Used in Court?
When determining legal liability, courts will often utilize the concept of comparative negligence to attribute responsibility to each of the parties involved. This can be done in many ways, including assessing the amount of effort each party took to mitigate the risk of an incident, or the actions they took which led to the incident occurring.
Essentially, if a court finds that both parties were at fault, they will assign a percentage of fault to each party. The percentage of fault dictates how much responsibility and liability each party bears for the incident.
Conclusion: What Does Comparative Negligence Mean?
In summary, comparative negligence is a legal concept which assigns fault to two or more parties involved in an incident based on the actions of each party. Depending on the complexity of the case, this concept can be used in court to help determine legal responsibility and liability.