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Legal Definitions - comparative fault

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Definition of comparative fault

Definition: Comparative fault is a legal concept that reduces the damages a plaintiff can recover from a defendant in a negligence case based on the plaintiff's own negligence. It is also known as comparative negligence.

Example: If a person is injured in a car accident and is found to be 20% at fault for the accident because they were not wearing a seatbelt, their damages will be reduced by 20%. So, if the total damages are $10,000, the plaintiff will only be able to recover $8,000.

This example illustrates how comparative fault works in a negligence case. The plaintiff's own negligence is taken into account and their damages are reduced accordingly.

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Simple Definition

Comparative fault is when a person is partially responsible for their own injury or damages. This means that if someone is injured in an accident, but they were also partially at fault, they may only be able to recover a portion of the damages. For example, if someone was hit by a car while crossing the street, but they were not using the crosswalk, they may be found to be partially at fault for their injuries. In this case, they may only be able to recover a portion of the damages, based on the percentage of fault assigned to each party.
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