A modification of the principle of contributory negligence. In those jurisdictions that follow the principle of comparative negligence, negligence on the part of the injured party will not necessarily defeat the claim, but will be considered in determining the amount of damages.
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A variation of contributory negligence, in which the comparative degree of negligence for each party to an accident is taken into account when awarding damages.
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In some states, when a plaintiff sues for alleged damages, the plaintiff’s degree of negligence in the incident is considered in awarding damages. If the plaintiff’s degree of negligence is greater than the defendant’s the plaintiff does not collect anything.This can be illustrated as follows. Josh runs a stop sign and has a wreck with Marilyn. Marilyn sues Josh for damages to her vehicle and her medical bills. During the investigation of the accident it is found that Marilyn was speeding, which added to the severity of her damages. She is found 20% at fault for the accident and Josh is found to be 80% at fault. In this case, Marilyn would receive only 80% of her requested damages. (See Contributory Negligence).
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US: Under this concept a plaintiff (the person bringing suit) may recover damages even though guilty of some negligence. His or her recovery, however, is reduced by the amount or percent of that negligence.