What is Comparative Negligence?

"Comparative negligence" is a term often used in connection with a lawsuit, but many of us don't really know what it means. The idea is fairly simple, but any explanation of comparative negligence must start with a simple definition of "negligence." A person is negligent when he or she owes someone else a duty to act in a certain way but doesn't live up to that duty and carelessly causes an injury to the other person. Depending on the circumstances, the law imposes different standards of care on people, including (1) ordinary care (the care exercised by a reasonably prudent person), (2) high degree of care (the care owed by some highly-specialized professionals), or (3) a child's degree of care. If the injured person elects to sue the careless person, the lawsuit is a negligence suit.

Definition of Comparative Negligence?

When a defendant is sued for negligence, he will defend himself as best he can, and one of the defenses available to him is the defense of comparative negligence. By definition, "Comparative negligence" (which Texas officially calls "proportionate responsibility") is just that: The defendant argues that he was not the only one who was careless, and that the injured person (the plaintiff) shares some of the blame for his own injuries. If a defendant proves that the plaintiff was also negligent, the plaintiff's recovery will be reduced in an amount equal to the plaintiff's own negligence. In Texas, however, if the plaintiff is found to be over 50% responsible for his own injuries, then he is barred from recovering any damages.

In cases involving comparative negligence, the jury will determine the percentage of responsibility of each plaintiff, of each defendant, and of other responsible persons. After hearing the evidence, the jury will assign a percentage of responsibility to everyone involved, ranging from 0% (completely not responsible) up to 100% (entirely responsible). Based on these percentages of fault, the plaintiff's recovery may be reduced or may be completely prohibited.

It is important to remember that just because you are partially responsible for an accident does not necessarily mean that you cannot recover for your injuries. Although your damage award may be reduced, it will only disappear entirely if you are more than 50% responsible for the accident.

If you need a personal injury lawyer or a wrongful death lawyer, Dan Street at the STREET LAW FIRM is here for you. Contact our legal staff if you'd like free no-obligation assistance with your birth injury case.

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