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Glite Dictionary
comparative negligence

comparative negligence

1 8.2
A rule that divides blame and reduces the money a person can get by their share of fault
  • noun
  • /kəmˈpærətɪv ˈnɛɡlɪdʒəns/
  • Formal
translation icon : negligencia comparativa
  • Landlords could allege a special defense based on comparative negligence if a parent did not monitor a child properly, did not take appropriate precautions, or knowingly rented an apartment containing lead-based paint.

Examples

  • Other states have moved away from contributory negligence, holding that "the doctrine of comparative negligence is preferable to an 'all or nothing' rule from the point of view of logic, practical experience, and fundamental justice." Does contributory negligence encourage insurance companies to act against their own clients' welfare?

    Blog text (5)

  • In Colorado, the injured person's right to compensation is reduced by the percentage of his or her comparative negligence.

  • In Diaz v. Tavares, the Connecticut Superior Court disallowed the landlord's use of a comparative negligence defense in a lead poisoning case without getting into the alleged acts of parental negligence.

    Academic text (1995)

  • Many states have revised their laws to implement a system of comparative negligence, where compensation is lowered based on the plaintiff's own fault.

  • Under the principle of comparative negligence, damages awarded to a plaintiff can be diminished if they are found partially at fault for the incident.

Surface Forms

comparative negligence singular
comparative negligences plural

Morphology

comparative + negligence

The compound literally combines 'comparative' (relating to comparison) and 'negligence' (failure to take proper care), so a learner who knows both words can infer it involves comparing degrees of fault. However, the specific legal mechanism — apportioning liability and reducing damages according to each party's share — is procedural and specialized, not fully predictable from the constituents, so full understanding would likely require prior exposure.

Etymology

Comparative negligence comes from the idea of comparing how careless each person was in an accident. The word comparative means 'comparing' and negligence means 'carelessness', so the blame and the cost are split and each person pays only their share.