5.9k views
4 votes
Under what circumstances can comparative fault be raised as a defense to negligence?

1 Answer

3 votes

Final answer:

Comparative fault can be raised as a defense to negligence when the plaintiff's own negligence contributed to the harm they suffered.

Step-by-step explanation:

Comparative fault can be raised as a defense to negligence under certain circumstances. Comparative fault is a legal concept that allows a defendant to argue that the plaintiff's own negligence contributed to the harm they suffered, and therefore, they should bear a portion of the responsibility for the damages. This defense is typically used when the plaintiff's actions or omissions played a role in causing the accident or injury.

For example, in a car accident case, if the plaintiff was found to have been speeding or running a red light, their comparative fault may be raised as a defense to argue that their actions contributed to the accident and resulting injuries. In such cases, the court may assign a percentage of fault to both parties, and the plaintiff's damages may be reduced by their assigned percentage of fault.

User Syed Ali Taqi
by
8.8k points