What does comparative negligence allow for in legal cases?

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Comparative negligence is a legal doctrine that enables a court to compare the levels of negligence between two or more parties involved in an incident. This means that the court assesses the degree to which each party contributed to the accident or situation that resulted in harm or damage. By determining the percentage of fault assigned to each party, the court can then calculate damages accordingly.

This approach contrasts with other legal concepts such as contributory negligence, where any fault on the part of the injured party could bar recovery entirely. In systems employing comparative negligence, an injured party may still recover damages, albeit at a reduced amount if they are found to be partially at fault. This allows for a more nuanced consideration of fault and responsibility, which can lead to fairer outcomes in legal disputes.

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