Comparative Negligence
In states with comparative negligence statutes or doctrines, like California, negligence is measured in terms of a percentage. If a judge or jury determines that the person seeking damages (the plaintiff) is partially at fault for causing his own injuries, the damages he may recover from other responsible parties will be reduced proportionally. For example, if a plaintiff is found to be 20% at fault in the accident, the other responsible party or parties will only have to pay 80% of the plaintiff’s damages.
