Understanding Comparative Negligence

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The concept of comparative negligence arises when a plaintiff is also partially at fault for the incident that caused his or her injuries.

Comparative negligence is the legal practice of assigning a percent of blame for an accident and allowing a person to sue for that portion of the damages. This doctrine is used throughout the majority of American jurisdictions. Comparative negligence includes the following forms:

  • Pure comparative negligence: the basic form of comparative negligence, in which an individual's recovery is reduced by the percentage of his or her own negligence.
  • Modified comparative negligence: by which the plaintiff can only sue if deemed to hold less than half of the blame for the incident
  • Modified comparative negligence: under which a plaintiff may only sue if found to be less than 51 percent responsible

Wisconsin works under the premise that a plaintiff’s fault cannot be greater than the defendant’s. This means that a plaintiff can hold half of the fault, but any amount greater than 51 percent will prohibit them from filing a claim.


If you have been injured and are considering filing for compensation, contact the personal injury lawyers of Habush Habush & Rottier today by calling 800-2-HABUSH (800-242-2874)).