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What is the Modified-Comparative-Negligence Doctrine?
Definition & Meaning
The modified comparative negligence doctrine is a legal principle used in personal injury cases. It determines how fault is shared among parties involved in an accident. Under this doctrine, a person's compensation for damages is reduced by the percentage of fault assigned to them. For instance, if a plaintiff is found to be 30 percent at fault for an accident, their recovery amount will be decreased by that same percentage. In some states, if the plaintiff's fault reaches 50 percent or more, they may be completely barred from recovering any damages. This approach is often referred to as the "50 percent rule."
Table of content
Legal Use & context
The modified comparative negligence doctrine is primarily used in civil law, particularly in personal injury and tort cases. It helps courts determine the extent of liability for each party involved in an accident. Users can manage related legal documents, such as liability waivers or settlement agreements, using templates available from US Legal Forms. Understanding this doctrine is crucial for individuals pursuing claims for damages or defending against them.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: If a driver is involved in a car accident and is found to be 40 percent at fault while the other driver is 60 percent at fault, the first driver can recover damages, but their compensation will be reduced by 40 percent.
Example 2: In a slip and fall case, if a person is found to be 55 percent responsible for their fall due to not paying attention, they would not be able to recover any damages from the property owner. (hypothetical example)
State-by-state differences
State
Modified Comparative Negligence Rule
California
Allows recovery as long as the plaintiff is less than 100 percent at fault.
New York
Allows recovery if the plaintiff is less than 50 percent at fault.
Texas
Allows recovery if the plaintiff is less than 51 percent at fault.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Description
Contributory Negligence
Bars recovery if the plaintiff is found to be even slightly at fault.
Pure Comparative Negligence
Allows recovery regardless of the plaintiff's percentage of fault.
Common misunderstandings
What to do if this term applies to you
If you find yourself involved in a personal injury case where modified comparative negligence may apply, consider the following steps:
Gather evidence to support your claim, including photos, witness statements, and police reports.
Consult with a legal professional who can help assess your case and guide you through the process.
Explore US Legal Forms for templates that can assist you in filing necessary legal documents.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Recovery threshold: Varies by state (typically 50% or 51%)
Commonly used in: Personal injury cases
Key takeaways
Frequently asked questions
It is a legal principle that reduces a plaintiff's damages based on their percentage of fault in an accident.
Contributory negligence bars recovery if the plaintiff is at fault, while modified comparative negligence allows recovery if the plaintiff's fault is below a certain threshold.
Yes, if your fault is below the threshold set by your stateâs laws.