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Personal Injury Law

Negligence

Why is comparative fault considered fairer than contributory negligence?

Contributory negligence was considered harsh in some instances because it was an all-or-nothing rule. Sometimes a deserving plaintiff would be denied recovery—even though he or she was far less negligent than the defendant—because the jury or judge determined that the plaintiff was also a little bit negligent. In comparative negligence, a party is only responsible for his or her percentage of the total fault, which seems to be a much fairer and equitable system.



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