What is comparative negligence?
Comparative negligence works on a percentage basis to assign a degree of fault for the injuries suffered. For example, in a case where a person slips and falls on a wet supermarket floor and is awarded $100,000, the supermarket is found to be eighty-percent responsible for the accident because of dangerous floor conditions. The injured plaintiff is found twenty percent responsible for not exercising caution, so the award is reduced to $80,000.
Other Legal Terms FAQs
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What is negligence?
A: In its most simple definition, it means that someone was careless and as a result of being careless, someone else was injured. Negligence serves as the basis for a … More -
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What does "duty" mean in a negligence lawsuit?
A: When talking about negligence, duty is the legal obligation that the law imposes on us to protect and respect the safety of others around us. That means doing … More -
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What does the term "reasonable person" mean?
A: A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under the same or similar circumstances. The … More -
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What is contributory negligence?
A: The term “contributory negligence” is used to describe the actions of an injured person that may have also caused or contributed to his injury. For … More -
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What is the "assumption of the risk" doctrine?
A: If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue the other person for negligence if you … More -
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What does the term "liable" mean?
A: The term liable generally means that a court has determined individual, company or some other entity caused, and is responsible for, another person's injury. … More -
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What is strict liability?
A: Some persons or companies may be held “strictly liable” for certain activities that harm others, even if they have not acted negligently or with wrongful … More -
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What happens in a deposition?
A: If you file a personal injury lawsuit, the attorney for the defendant will likely “depose” you or take your deposition. A deposition is the process … More -
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What is "premises liability?
A: The term "premises liability" generally refers to accidents that occur due to the negligent maintenance or unsafe or dangerous conditions upon property owned … More