Explain how comparative negligence can be used as a defense to negligence
What will be an ideal response?
Comparative negligence is a defense to negligence that allocates recovery based on percentage of fault allocated to plaintiff and defendant. Most states have replaced the contributory negligence defense with either pure or modified comparative negligence. Under a pure comparative negligence defense, the court determines the percentage of fault of the defendant, and that is the percentage of damages for which the defendant is liable. Damages under modified comparative negligence are calculated in the same manner, except that the defendant must be more than 50 percent at fault before the plaintiff can recover.
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