How does "comparative negligence" affect the outcome of a tort case?

Comparative negligence is a legal doctrine used to assess the fault of both parties involved in a tort case and allocate damages accordingly. Under this approach, the court evaluates the degree of fault of the plaintiff and the defendant, assigning a percentage of responsibility to each party.

If the plaintiff is found to be partially at fault, their damages are reduced by their percentage of fault. For example, if a jury determines that the plaintiff was 30% responsible for their own injuries and the total damages amount to $100,000, the plaintiff could recover $70,000 (which is 70% of the total damages). This method allows for a more equitable resolution that reflects the contributions of both parties to the incident in question.

This principle differs significantly from systems that may provide for the defendant to be entirely absolved of responsibility or where the plaintiff recovers full damages regardless of their own negligence. Additionally, while comparative negligence provides a basis for adjusting awards, it does not eliminate the necessity for a trial to determine the facts and the degree of fault attributed to each party.