What does comparative negligence allow regarding damages between parties?

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Comparative negligence is a legal principle that allows for the distribution of damages based on the relative degree of fault of each party involved in an incident. In practice, this means that if two parties are found to be at fault for an accident, the total damages awarded to a plaintiff can be adjusted according to their percentage of negligence. For example, if a plaintiff is found to be 30% at fault for an accident and the damages amount to $100,000, they would only be entitled to recover 70% of those damages, which is $70,000. This principle promotes fairness by recognizing that all parties share some responsibility for the outcome.

This method contrasts with approaches where one party could potentially receive all damages despite shared fault, where damages may be eliminated if any form of negligence is identified, or where it is only applicable in the context of criminal law. The fairness inherent in comparative negligence leads to more equitable outcomes, reflecting each party's actual contribution to the harm suffered.

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