Personal Injury LawNegligence |
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.