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Home > Legal Research > Glossary

Comparative negligence

Definition -
1 a  : negligence of one among multiple parties involved in an injury that is measured (as in percentages) according to the degree of its contribution to the injury <the comparative negligence of the plaintiff>
b  : a doctrine, rule, or method of apportioning liability and damages in tort law: negligence and damages are determined by reference to the proportionate fault of the plaintiff and defendant with the negligence of the plaintiff not constituting an absolute bar to recovery from the defendant
compare contributory negligence in this entry
The great majority of states have replaced the doctrine of contributory negligence with that of comparative negligence.
2  : an affirmative defense alleging comparative negligence by the plaintiff
Pronunciationk&m-'par-&-tiv-

Pronunciation Key

  • \&\ as a and u in a b ut
  • \[^&]\ as e in kitt en
  • \&r\ as ur and er in f urther
  • \a\ as a inash
  • \A\ as a in ace
  • \Š\ as o in m op
  • \au\ as ou in ou t
  • \ch\ as ch in ch in
  • \e\ as e in bet
  • \E\ as ea in easy
  • \g\ as g in go
  • \i\ as i in hit
  • \I\ as i in ice
  • \j\ as j in job
  • \[ng]\ as ng in sing
  • \O\ as o in go
  • \o\ as aw in law
  • \oi\ as oy in boy
  • \th\ as th in thin
  • \[th_]\ as thin the
  • \Ÿ\ as oo in loot
  • \u\ as oo in foot
  • \y\ as y in yet
  • \zh\ as si in vision


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    Based on Merriam-Webster's Dictionary of Law ©2001.
    Merriam-Webster, Incorporated
    Published under license with Merriam-Webster, Incorporated.
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