What is Comparative Negligence?

Comparative negligence is a legal concept used in the state of Kansas regarding accident law. It is used to determine who is at fault in an accident. Under Kansas state law, if a person is found to be partially at fault in an accident, their compensation for damages is reduced in proportion to their fault. There are two types of comparative negligence: pure comparative negligence and modified comparative negligence. Under pure comparative negligence, a person can still recover damages, even if they are partially at fault. However, their compensation will be reduced in proportion to their fault. With modified comparative negligence, a person cannot recover damages if they are found to be 50% or more at fault. In Kansas, the state follows the modified comparative negligence rule. This means that if a person is found to be 50% or more at fault in an accident, they cannot collect damages from the other party in the accident. However, if a person is found to be less than 50% at fault, they can still recover damages, but the amount of damages they can receive will be reduced in proportion to their fault. Overall, comparative negligence helps to determine how much money a person can recover if they have been involved in an accident. If a person is at fault, their compensation for damages will be reduced in proportion to their fault. It is the responsibility of the court and/or jury to determine the amount of fault assigned to each party in an accident.

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What is Comparative Negligence?

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