In California, if you’ve been injured due to someone else’s negligence, but you also share some responsibility for the incident, you might still be entitled to compensation. This is due to the principle of comparative negligence in California law. Unlike some states that follow contributory negligence rules, California employs a system that allows for partial recovery even if you are partially at fault.
California Civil Code Section 1714(a) lays the groundwork for negligence in the state, stating that everyone is responsible for injuries caused by their lack of ordinary care. However, it also acknowledges that an injured party’s own negligence can play a role. The crucial part of this law, related to comparative negligence, is the phrase: “…except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” This clause is interpreted under comparative negligence principles.
Comparative negligence means that if you are found to be partially at fault for your injuries, your compensation will be reduced in proportion to your percentage of fault. For example, if you are awarded $10,000 in damages but are found to be 20% responsible for the accident, you would receive $8,000. This system ensures that responsibility for injuries is shared according to the degree of fault of each party involved.
This approach differs significantly from contributory negligence, which is not followed in California. Under contributory negligence, if you are found to be even 1% at fault for an accident, you are barred from recovering any damages at all. California’s comparative negligence system is considered fairer as it allows injured parties to recover some compensation even if they are partially to blame, as long as the other party was also negligent.
In essence, California’s legal framework, based on Civil Code 1714, embraces comparative negligence, ensuring a more equitable distribution of responsibility and compensation in personal injury cases. It focuses on proportionally reducing damages based on an individual’s degree of fault, rather than completely barring recovery due to any level of self-negligence.
