Comparative Fault

Definition

A doctrine allowing a plaintiff to recover damages even if they're partially responsible, reducing recovery by their percentage of fault. Nobody gets off completely free.

Example Usage

The jury found the plaintiff 25% at fault for the accident but awarded 75% of the claimed damages.

Origin

Modern tort reform doctrine developed in the 20th century

Fun Fact

Pure comparative fault means you can recover even if you're 99% responsible; modified comparative fault bars recovery if you're over 50%

Source: Tort law doctrine; legal reform

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