Question

In a _________________ case, a plaintiff may bring a negligence claim, but his or her damages award will be reduced proportionately to his or her blame in the incident.

Answer 1

Answer:

Comparative negligence

Explanation:

Comparative negligence is action in tort which can be regarded as a partial defense in a tortious case that limits the quantum of damages that a complainant in a negligence-based case can be awarded by the court. This is so because of the complainant's contribution to the damage caused by the defendant. Therefore the number of damages to be given to the complainant will be proportionate to his contribution to the damage. So, in a case where the plaintiff complains of the negligence of another person where he is also a contributor and institute a negligence case in tort, the court will use the comparative negligence approach to award damages to the complainant and his amount of damages will depend on the quantum of his contribution to the action.