What is a comparative negligence defense?

A comparative negligence defense is a legal principle that is used to determine a defendant’s responsibility in a dangerous product law case in the state of Utah. When a plaintiff files a suit against a defendant, the defendant may use comparative negligence to argue that both parties contributed to the harm caused, and thus, the plaintiff should not be able to win the case. Comparative negligence looks at the facts of the case to gather evidence of both parties’ negligence and assigns each party a percentage of fault according to their degree of responsibility. The court then determines the plaintiff’s award of damages while taking into consideration the comparative negligence of both parties. In Utah, the doctrine of comparative negligence is known as modified comparative negligence. This means that if a plaintiff’s fault is found to be greater than or equal to 50%, they will not be able to recover compensation under law. If, however, the plaintiff is found to be less than 50% at fault, they may recover appropriate damages as long as they are still responsible for less negligence than the defendant. Comparative negligence is a defense used by defendants to shift the blame away from themselves in a dangerous products case. It is important that plaintiffs consider the doctrine of comparative negligence while building their case in order to be successful in court.

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What is a comparative negligence defense?

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