Intro to Paralegal Studies Practice

What does Comparative Negligence determine in a legal case?

1. The jury compares the negligence of the plaintiff to that of the defendant

2. The plaintiff's recovery is unaffected by their negligence

3. The defendant is always fully liable for damages

4. The jury decides the case solely based on the defendant's actions

The correct answer is: The jury compares the negligence of the plaintiff to that of the defendant

Comparative negligence is a legal doctrine used in tort law to allocate damages when both the plaintiff and the defendant are found to be negligent. It determines the proportion of fault attributed to each party involved in an incident. The correct answer highlights that the jury compares the negligence of the plaintiff to that of the defendant, allowing for a more nuanced assessment of liability. This means that if the jury finds the plaintiff to be partially at fault for their own injuries, their recovery will be reduced according to their percentage of negligence. For instance, if the jury decides that the plaintiff was 30% at fault and the defendant was 70% at fault, the plaintiff's damages award would be reduced by 30%. Other options do not accurately reflect the principles of comparative negligence. For example, stating that the plaintiff's recovery is unaffected by their negligence misrepresents the very essence of comparative negligence, which indeed takes into account the plaintiff's own degree of fault. Similarly, the idea that the defendant is always fully liable for damages contradicts the comparative analysis, as it recognizes the shared responsibility for the incident. Lastly, asserting that the jury decides the outcome based solely on the defendant's actions ignores the vital comparative aspect that fact-finds regarding both parties' levels of negligence.