Comparative negligence is the legal practice of assigning a percentage of the blame for an accident and allowing a person to sue for that portion of the damages. The majority of American jurisdictions commonly use this doctrine. 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 still need help understanding comparative negligence or if you have a negligence case on your hands please contact Habush Habush & Rottier.