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.
