It is not easy for a defendant to show both elements and therefore comparative negligence usually constitutes a better defence in many cases.
All but four US states now follow a statutorily created regime of comparative negligence.
That $14.1 million award was sliced by 30 percent, to $9.9 million, because of the woman's "comparative negligence."
It would replace the "joint and several liability" doctrine with one of "comparative negligence."
Under proportionate liability (sometimes also called comparative negligence), the city would only have been liable for their one percent of the damages.
Secondary assumption of risk is a rather different doctrine akin in some respects to comparative negligence.
This new type of split liability is commonly called comparative negligence.
In comparative negligence, the victim's damages are reduced according to the degree of fault.
When comparative negligence was adopted, three main versions were used.
The second and third versions are lumped together in what is called "modified" comparative negligence.