What is Comparative Negligence?

Comparative negligence is a system used in South Carolina to determine legal responsibility in the event of an accident. In short, it is a system that compares the negligence of all parties involved, assigning a percentage of fault to each person. Comparative negligence is typically used during civil lawsuits, where the plaintiff (the party bringing the lawsuit) and the defendant (the party being sued) are both assigned a portion of the blame based on the severity of their own negligence. For example, if a person was texting and walking and accidentally bumped into another person, the court might assign 20 percent of the fault to the person walking and 80 percent of the fault to the person texting. It is important to note that comparative negligence does not always result in a split liability. South Carolina allows for a modified comparative negligence system, which means that if a person is found to be more than 50 percent at fault for an accident, they cannot recover damages from the other party. In South Carolina, it is important to understand the concept of comparative negligence before filing an accident claim. If you have been involved in an accident, a lawyer can explain how comparative negligence applies to your situation and if you may be able to receive compensation for damages.

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What is Comparative Negligence?

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