Comparative Negligence

Pure Comparative Negligence [NYS]

An individual may recover no matter how great his or her apportioned share of fault.  His or her culpable conduct proportionately reduces his or her recoverable amount of damages.

  • Example : Caren was traveling 75 miles per hour when she was abruptly cut off by Tony, causing an accident in which she sustained a neck injury.  Under the doctrine of pure comparative negligence, Susie’s award would be reduced by her proportionate share of negligence, because her own negligence contributed to the accident.
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