Understanding Comparative Negligence

Some states are comparative negligence states, and others follow contributory negligence rules. The difference between these two models will be important if you ever file a personal injury lawsuit in Riverside. Since California is a comparative negligence state, you can still recover compensation for your losses even if you were partially at fault for your slip and fall injury. Hear how this works by watching this brief video.

It uses the hypothetical example of Perry and David. Perry is walking on the street while immersed in a handheld videogame. David is listening to music while skateboarding. David crashes into Perry, and Perry sues David for his injuries. The jury determines that Perry is 40% responsible for the accident, which means David is 60% responsible. The rules of comparative negligence state that Perry’s monetary award will be reduced by 40%.