Comparative Negligence

Crushendo defines this key bar prep and torts term.

What does comparative negligence mean?

comparative negligence – When the plaintiff and defendant both played a causal role in the harm, damages are awarded based on the proportion of harm caused. In pure comparative negligence jurisdictions, plaintiffs recover everything they did not cause. In modified comparative negligence jurisdictions, if plaintiffs caused most of the harm, they can recover nothing.

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