What is a comparative negligence defense?

A comparative negligence defense is a legal defense used in California to assign fault and liability in a product liability case. Under this defense, a defendant can argue that the plaintiff was partially or entirely responsible for the damages, and thus their responsibility for the damages should be reduced or eliminated. For instance, in a lawsuit for a faulty product, the defendant may argue that the plaintiff was partly to blame for their injuries, since they failed to adequately read the product’s warning label or used the product in a way that it was not recommended. To prove a comparative negligence defense, a defendant must be able to show that the plaintiff’s negligence was a substantial factor in causing their injuries. If a defendant successfully proves a comparative negligence defense, then the court may decide to assign a percentage of responsibility to each party. This can significantly reduce the damages that a plaintiff can collect. For example, if the court finds that the plaintiff was 40% responsible for their injuries, then their damages may be reduced by 40%. Ultimately, the purpose of a comparative negligence defense is to assign responsibility for damages in a fair and just manner. It ensures that substantial fault does not lie solely on one party without taking into consideration any possible negligence on the part of the other.

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What is a comparative negligence defense?

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