Comparative Negligence

A principle of tort law that applies to casualty insurance in certain states. Comparative negligence states that when an accident occurs, the fault/negligence of each party involved is based upon their respective contributions to the accident. This allows insurers to assign blame and pay claims accordingly.

Comparative negligence is most commonly used to assign blame in auto accidents. If two drivers both break the same traffic laws in an accident, then both may be denied their claims. Many carriers assign blame between drivers on a percentage basis, such as 70/30.


Investment dictionary. . 2012.

Look at other dictionaries:

  • comparative negligence — see negligence Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. comparative negligence …   Law dictionary

  • Comparative negligence — For other uses, see Negligence (disambiguation). Tort law …   Wikipedia

  • comparative negligence — Under comparative negligence statutes or doctrines, negligence is measured in terms of percentage, and any damages allowed shall be diminished in proportion to amount of negligence attributable to the person for whose injury, damage or death… …   Black's law dictionary

  • comparative negligence — the negligence of the defendant in an action to recover damages for negligence as compared with that of the plaintiff, the comparison being made for the purpose of applying the rule of admiralty, which has been adopted by statute for negligence… …   Ballentine's law dictionary

  • comparative negligence — noun (law) negligence allocated between the plaintiff and the defendant with a corresponding reduction in damages paid to the plaintiff • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑negligence, ↑carelessness, ↑neglect, ↑nonperforman …   Useful english dictionary

  • negligence — neg·li·gence / ne gli jəns/ n: failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation; also: conduct… …   Law dictionary

  • comparative fault — n: a doctrine in torts in which the fault attributable to each party is compared and any award to the plaintiff is reduced in proportion to the plaintiff s share of the fault: comparative negligence(b) at negligence compare contributory… …   Law dictionary

  • Negligence (disambiguation) — Negligence may refer to: In law Negligence, a concept in the law of tort Negligence per se, a legal doctrine whereby an act is considered negligent because it violates a statute or regulation Negligence in employment, several causes of action in… …   Wikipedia

  • comparative — com·par·a·tive /kəm par ə tiv/ adj: characterized by systematic comparison comparative contribution, which apportions according to...respective fault W. L. Prosser and W. P. Keeton com·par·a·tive·ly adv Merriam Webster’s Dictionary of Law.… …   Law dictionary

  • negligence, willful, wanton, or reckless — n. Negligence done with complete disregard to the risks and with conscious indifference to the consequences. See also comparative negligence The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell.… …   Law dictionary

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