Tort law
Part of the common law series
Intentional torts
Assault  · Battery
False arrest  · False imprisonment
Intentional infliction of emotional distress
Property torts
Trespass to chattels
Trespass to land  · Conversion
Detinue  · Replevin  · Trover
Dignitary and economic torts
Slander and libel  · Invasion of privacy
Abuse of process  · Malicious prosecution
Fraud  · Tortious interference
Defenses to intentional torts
Consent  · Necessity
Self defense and defense of others
Negligent torts
Negligence  · Negligent hiring
Negligent entrustment
Negligent infliction of emotional distress
Doctrines affecting liability
Duty of care  · Standard of care
Proximate cause  · Res ipsa loquitur
Calculus of negligence  · Eggshell skull
Vicarious liability  · Attractive nuisance
Comparative responsibility  ·
Duties owed to visitors to property
Trespassers  · Licensees  · Invitees
Defenses to negligence
Contributory negligence
Comparative negligence
Assumption of risk  · Intervening cause
Strict liability torts
Ultrahazardous activities
Products liability
Nuisance
Other areas of the common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

Comparative negligence is a system of apportioning recovery for a tort based on a comparison of the plaintiff's negligence with the defendant's. It contrasts with the doctrine of contributory negligence, which disallows recovery by a plaintiff whose actions in some way, however small, contributed to the tort. Image File history File links SmallLadyJustice. ... In the common law, a tort is a civil wrong, other than a breach of contract for which the law provides a remedy. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... At common law, battery is the tort of intentionally (or in Australia negligently) and voluntarily touching another person without lawful excuse or justification. ... False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without reasonable cause or an order issued by a court of appropriate jurisdiction. ... False Imprisonment is a common law tort, and possibly a misdemeanor crime, wherein a person is intentionally confined without legal authority. ... Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ... Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another persons lawful possession of a chattel. ... Trespass to land is a common law tort that is committed when an individual intentionally (or in Australia negligently) enters the land of another without lawful excuse. ... In law, conversion is a tort that deals with the wrongful interference with goods. ... In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ... Replevin is an Anglo-French law term (derived from repletir, to replevy). ... Trover signifies finding. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement that negatively affects someones reputation. ... The right to privacy is the right to control information about yourself in two situations. ... Abuse of process is a common law intentional tort. ... Malicious prosecution is a common law intentional tort. ... Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiffs contractual or other business relationships. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ... In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone elses trees to stop the spread... Self defense and defense of others (sometimes called alter ego defense or defense of a third person) are a pair of legal theories under which otherwise tortious or illegal acts may be justified when committed for the purpose of protecting oneself, or for the purpose of protecting another person. ... In law, negligence is a type of tort or delict that can be either criminal or civil in nature. ... Negligent hiring is a cause of action in tort law that arises where one party is held liable for negligence because they placed another party in a position of authority or responsibility, and an injury resulted because of this placement. ... Negligent entrustment is a cause of action in tort law that arises where one party (the entrustor) is held liable for negligence because they negligently provided another party (the entrustee) with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality. ... The tort of negligent infliction of emotional distress (NIED) is a controversial legal theory and is not accepted in many United States jurisdictions. ... In law, a duty of care is the legal requirement that a person exercise a reasonable standard of care to prevent injury of others. ... In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. ... In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ... Res ipsa loquitur is a legal term from the Latin meaning literally, The thing speaks for itself. The doctrine is applied to claims which, as a matter of law, do not have to be explained beyond the obvious facts. ... The calculus of negligence is a term coined by Judge Learned Hand and describes a process for determining whether a legal duty of care has been breached (see negligence). ... The eggshell skull rule (or thin-skull rule) is a legal doctrine used in both tort law and criminal law that holds an individual liable for all consequences resulting from their activities leading to an injury to another person, even if the victim suffers unusual damages due to a pre... Vicarious liability is a form of strict, secondary liability that arises under the common law doctrine of agency – respondeat superior – the responsibility of the superior for the acts of their subordinate and can be distinguished from contributory liability, another form of secondary liability, which is rooted in the tort theory... Under the attractive nuisance doctrine of the law of torts, a landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children, who are unable to appreciate the... Comparative responsibility is a doctrine of tort law that compares the fault of each party in a law suit for a single injury. ... Trespasser (released in 1998) was a game taking place in the world of Jurassic Park. ... A licensee is a term used in the law of torts to describe a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. ... An invitee is a term used in the law of torts to describe a person who is on the property of another because that property owner has chosen to hold the property open to some portion of the general public, because the owner of the property has allowed the licensee... Contributory negligence is a common law defence to a claim or action in tort. ... This is a defense in the law of torts. ... An intervening cause is a potential defense to the tort of negligence, if it is an unforseeable, and therefore superseding intervening cause, rather than a foreseeable intervening cause. ... Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or mens rea. ... An ultrahazardous activity in the common law of torts is one that is so inherently dangerous that a person engaged in such an activity can be held strictly liable for injuries caused to another person, even if the person engaged in the activity took every reasonable precaution to prevent others... Product liability encompasses a number of legal claims that allow an injured party to recover financial compensation from the manufacturer or seller of a product. ... Nuisance is a common law tort. ... A contract is any legally-enforceable promise or set of promises made between parties. ... Property law is the law that governs the various forms of ownership in real property (land as distinct from personal or movable possessions) and in personal property, within the common law legal system. ... In the law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of law that punishes criminals for committing offences against the state. ... The law of evidence governs the use of testimony (eg. ... A plaintiff, also known as a claimant, or a complainant is the party who initiates a lawsuit (also known as an action) before a court. ... A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... Contributory negligence is a common law defence to a claim or action in tort. ...

For example, plaintiff (P) and defendant (D) are driving in separate cars on a street. P is going five miles per hour over the speed limit and attempts to overtake D. D suddenly swerves into P's lane without checking to ensure the lane is clear. D hits P's car and causes $1,000 in damage. P sues D for the damage to his car.

At the conclusion of the trial, a jury finds that P is 40% responsible for the accident due to his speeding, and D is 60% responsible for the accident due to his failure to check traffic before changing lanes. Thus, P is awarded 60% of the damages he sustained, or $600. The other $400 in repairs P must pay on his own due to his actions. This article may be confusing for some readers, and should be edited to enhance clarity. ...

Prior to the late 1960s, however, only a few states had adopted this system. When comparative negligence was adopted, three main versions were used. The first was called "pure" comparative negligence. A plaintiff who was, say, 90% to blame for an accident could recover 10% of his losses. (Of course, the defendant in such a case could recover 90% of his losses from the plaintiff.)

The second and third versions are lumped together in what is called "modified" comparative negligence. One variant allow plaintiffs to recover only if the plaintiff's negligence is "not greater than" the defendant's (viz., the plaintiff's negligence must be less than 51% of the defendant's).

The other variant allows plaintiff's to recover only if the plaintiff's negligence is "not as great as" the defendant's (viz., the plaintiff's negligence must be less than 50% that of the defendant's).

Some states, though, still use the contributory negligence doctrine when evaluating negligence in a tort. Alabama, for instance, has not adopted this. In Williams v. Delta Int'l Machinery Corp., (619 So.2d 1330, Ala. 1993), the court said: "(after) exhaustive study and these lengthy deliberations, the majority of this Court, for various reasons, has decided that we should not abandon the doctrine of contributory negligence, which has been the law in Alabama for approximately 162 years." Other states that still use contributory negligence are: Maryland, North Carolina, and Virginia. The District of Columbia also uses contributory negligence. State nickname: Camellia State, The Heart of Dixie¹, Yellowhammer State Other U.S. States Capital Montgomery Largest city Birmingham Governor Bob Riley (R) Senators Richard Shelby (R) Jeff Sessions (R) Official language(s) English Area 52,423 mi²/135,775 km² (30th)  - Land 50,750 mi²/131,442 km²  - Water... State nickname: Old Line State; Free State Other U.S. States Capital Annapolis Largest city Baltimore Governor Robert L. Ehrlich (R) Senators Paul Sarbanes (D) Barbara Mikulski (D) Official language(s) English Area 32,160 km² (42nd)  - Land 25,338 km²  - Water 6,968 km² (21%) Population (2000)  - Population 5... State nickname: Tar Heel State; Old North State Other U.S. States Capital Raleigh Largest city Charlotte Governor Michael Easley (D) Senators Elizabeth Dole (R) Richard Burr (R) Official language(s) English Area 139,509 km² (28th)  - Land 126,256 km²  - Water 13,227 km² (9. ... State nickname: Old Dominion Other U.S. States Capital Richmond Largest city Virginia Beach Governor Mark R. Warner (D) Tim Kaine (D-Governor Elect) Senators John Warner (R) George Allen (R) Official language(s) English Area 110,862 km² (35th)  - Land 102,642 km²  - Water 8,220 km² (7. ... Washington, D.C. is the capital city of the United States of America. ...

External links

• Listing of U.S. states, the negligence doctrine that applies, and legal the basis for that this doctrine.