What does comparative negligence refer to?

Prepare for the North Carolina Certified Paralegal Exam with flashcards and multiple-choice questions featuring hints and explanations. Ensure success on your NCCP Exam!

Comparative negligence is a legal doctrine used to allocate liability in negligence cases based on the degree of fault of each party involved. Under this theory, if multiple parties are responsible for an injury or damage, their respective liabilities are determined by assessing how much each party's actions contributed to the overall outcome. This means, for example, if a plaintiff is found to be partially at fault for their own injuries, their compensation may be reduced by their percentage of negligence. This contrasts with other doctrines, such as contributory negligence, which can bar recovery if the plaintiff is found to have any fault at all. The essence of comparative negligence lies in its aim to provide a more equitable resolution by acknowledging that different parties can share responsibility to varying extents.

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