Does California use a contributorty negligence or comparative-negligence system?
I just wanted to know which system does California use for their negligence? or does anyone where can i find it?
Update:Does this mean we do not use contributoray nelgigence at all in CA?
Comments
California uses "pure" comparative negligence. Under that scheme, an injured plaintiff can recover something against a liable defendant, regardless of plaintiff's percentage of fault. (Unless, of course, plaintiff is 100% at fault.)
Contributory negligence is all-or-nothing. If a defendant is 95% responsible for a plaintiff's injuries, while the plaintiff is only 5% responsible, plaintiff recovers nothing. Because of the rule's obvious harshness, I believe only three or four other states still use it.
Comparative.