Comparative Fault or Comparative Negligence

What is Comparative Fault or Comparative Negligence?

Comparative fault or comparative negligence arises when the injured person is partially responsible for causing his or her own injures.

What is an example of Comparative Fault or Comparative Negligence?

The defendant ran a stop sign and then collided with the plaintiff – who was speeding. The defendant is at fault as they did not have the right of way; however, the defendant could argue that the plaintiff is partially at fault and that the crash would have been avoided had the plaintiff not been speeding. In the alternative, the defendant could argue that the plaintiff’s injuries might have been less severe had the plaintiff been following the speed limit.

How does Comparative Fault or Comparative Negligence impact the Plaintiff’s case?

The defendant raises this issue as an “affirmative defense.” Comparative fault or comparative negligence laws vary from state to state. In Colorado, if the plaintiff is found to be 50% or more at fault, then she cannot recovery anything from the defendant. However, if she is found to be less than 50% at fault, then her total damages (the monetary value of her claim) is reduced by the percentage that she was at fault.

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