What is the principle of comparative negligence?

The principle of comparative negligence is fundamentally about assessing the relative fault of parties involved in an incident. It allows for the determination of liability by comparing the degree of negligence of each party. Under this principle, if multiple parties are involved in a claim, their respective percentage of fault for the incident is calculated. This means that a plaintiff's recovery for damages may be reduced in proportion to their own degree of fault. So, if a plaintiff is found to be 30% at fault, their recoverable damages would be decreased by that percentage.

This approach is essential in legal systems that aim to establish a fair and equitable method for resolving claims, as it recognizes that injuries and damages may not be attributable to just one party alone. It reflects a nuanced understanding of how multiple parties can contribute to an accident or injury. Other concepts listed, such as injuries caused solely by one party, recovering damages regardless of fault, or complete denial of claims for minor faults, do not capture the essence of how comparative negligence operates, which focuses on evaluating and comparing the fault to determine each party's responsibility in a given situation.