What is 'comparative negligence'?

Comparative negligence is a legal concept that applies primarily in civil cases, particularly in tort law, rather than criminal law. It refers to a situation where the negligence of both the plaintiff and the defendant is evaluated to determine the extent of liability and the damages that can be recovered. In this context, if the plaintiff is found to be partially at fault for their injuries, the amount they can recover in damages is reduced by their percentage of fault.

For example, if a plaintiff is awarded $100,000 in damages, but it is determined that they were 20% responsible for the accident, the recoverable damages would be reduced to $80,000. This principle encourages personal accountability as it recognizes that both parties can contribute to the harm, leading to a fairer distribution of damages based on the degree of negligence.

The other concepts listed do not accurately represent comparative negligence. It is not a type of evidence in criminal cases, nor is it a defense strategy used in criminal trials, and it does not pertain to the determination of intent related to criminal activities. Thus, the focus on the plaintiff's own negligence affecting recovery underscores the essence of comparative negligence in the legal system.