What is a comparative negligence defense?

A comparative negligence defense is a legal defense available to individuals in North Carolina who are facing claims for damages due to a product that has caused harm. Comparative negligence is a legal doctrine that recognizes that more than one party may be at fault for an accident or injury; thus, the amount of fault attributed to each party is compared. Under the doctrine of comparative negligence, a person who is found to be less than 50 percent at fault can recover damages for their injuries. For example, if someone is injured using a defective product and it is found that they were 40% at fault, the other party, such as the manufacturer, may be held liable for the remaining 60%. This is known as apportionment of fault. In North Carolina, comparative negligence is also used to assess damages. This means that a person found to be partially at fault may be able to recover damages, though the amount of money they receive will be reduced according to the percentage of fault the court apportions to them. In conclusion, comparative negligence is a legal doctrine commonly used in North Carolina to evaluate claims for damages due to a defective product. This doctrine is used to assess fault and to apportion damages.

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What is a comparative negligence defense?

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