Final answer:
Comparative negligence is a legal concept used in tort law to determine the degree of fault of each party involved in an accident or injury. It allows the court to allocate the damages based on the percentage of fault assigned to each party.
Step-by-step explanation:
Comparative negligence is a legal concept used in tort law to determine the degree of fault of each party involved in an accident or injury. It allows the court to allocate the damages based on the percentage of fault assigned to each party. In a comparative negligence system, the injured party can still recover damages even if they were partially at fault, but the amount of compensation will be reduced proportionally to their own level of fault.
For example, if a pedestrian is hit by a car while crossing the street, and it is determined that the pedestrian was 20% at fault for not using the crosswalk, while the driver was 80% at fault for not yielding to the pedestrian, the pedestrian may be able to recover 80% of the damages incurred.
Comparative negligence laws can vary by jurisdiction, with some states following a pure comparative negligence system where the injured party can recover damages even if they are 99% at fault, while others follow a modified comparative negligence system where the injured party cannot recover damages if they are 50% or more at fault.