Comparative negligence is a legal principle that reduces the amount of damages a plaintiff can recover based on their contribution to the incident. This article explains how comparative negligence is calculated and the different types of comparative negligence laws.
Understanding Comparative Negligence
Comparative negligence comes into play when an injured person (the plaintiff) is also partially responsible for their injuries due to their own negligence. The court assigns a percentage of fault to both the plaintiff and the defendant. The plaintiff’s recovery is then reduced by their percentage of fault. For example, if a plaintiff is 20% at fault, they can only recover 80% of their damages.
Types of Comparative Negligence
There are three main approaches to comparative negligence in the United States:
1. Pure Comparative Negligence
In pure comparative negligence states, a plaintiff can recover damages even if they are 99% at fault. Their recovery is simply reduced by their percentage of fault. So, if they suffer $100,000 in damages and are 99% at fault, they can still recover $1,000. States like California and New York follow this rule.
2. Modified Comparative Negligence: 50% Bar Rule
Under the 50% bar rule, a plaintiff can only recover damages if their fault is less than 50%. If they are 50% or more at fault, they cannot recover anything. This is the most common type of comparative negligence.
3. Modified Comparative Negligence: 51% Bar Rule
Similar to the 50% rule, the 51% bar rule prevents recovery if the plaintiff’s fault is 51% or greater. The difference is that a plaintiff who is exactly 50% at fault can still recover under this rule, but not under the 50% rule. Several states, including Texas and Colorado, utilize this variation.
Contributory Negligence: A Different Approach
Contributory negligence is a stricter rule. Even if the plaintiff is only 1% at fault, they are completely barred from recovering any damages. This rule is only used in a handful of states, including Alabama and Maryland.
Calculating Damages Under Comparative Negligence
To calculate damages under comparative negligence:
- Determine the total damages: Calculate the full amount of damages the plaintiff suffered.
- Assign percentage of fault: The court assigns a percentage of fault to both the plaintiff and the defendant. This is often based on evidence presented at trial.
- Calculate recovery: Multiply the total damages by the defendant’s percentage of fault. This is the amount the plaintiff can recover. For example: $10,000 in damages x 80% defendant’s fault = $8,000 recovery for the plaintiff.
Conclusion
Comparative negligence laws vary by state, impacting how much compensation an injured person can receive. Understanding these differences is crucial in determining potential outcomes in a personal injury case. Consulting with a legal professional is recommended to navigate the complexities of comparative negligence.
