What is the principle of comparative negligence?

The principle of comparative negligence is a legal doctrine used in tort law to allocate damages based on the degree of fault of each party involved in an accident or injury. This principle recognizes that multiple parties can contribute to an event that results in harm, and it allows for a fair assessment of liability.

When damages are awarded under the principle of comparative negligence, the total amount is divided among the parties according to their respective levels of negligence. For example, if one party is found to be 60% at fault and the other party 40%, damages would be calculated accordingly, with the total amount awarded reduced by the percentage of fault attributed to the injured party.

This approach contrasts with other liability frameworks, where a party may be completely absolved of liability, or where claims might only arise from very specific circumstances like strict liability or intentional acts. As a result, the principle of comparative negligence promotes a more equitable outcome, reflecting the reality that both parties may share responsibility in varying degrees for the incident in question. This principle is utilized in many jurisdictions, including New Hampshire, to ensure that plaintiffs are compensated fairly relative to their involvement in the incident.