If a state allows the comparative negligence defense, the judge or jury determines how the plaintiff's carelessness compares to the defendant's carelessness. If the plaintiff is found partially at fault for an accident, he or she has not lost the case altogether. Comparative negligence is simply used to calculate the degree of the plaintiff's negligence and, as a result, reduce the plaintiff's claim reward. For instance, if you are 30 percent at fault for an accident, you could recover 70 percent of your damages. If you are 70 percent at fault for an accident, you could recover only 30 percent of your damages.
Some states have a modified form of comparative negligence.
For example, if a plaintiff is found to be 40 percent at fault, he or she would recover 60 percent of his or her damage. If, on the other hand, the plaintiff is found to be 60 percent at fault, he or she would recover nothing because his or her fault is greater than that of the defendant. For example, an inexperienced skier who skis down a steep mountainside riddled with moguls and tears a knee ligament in the process has assumed the risk of harm inherent in such an activity. For example, you may realize that skiing can be hazardous and have a full understanding of that danger. However, you cannot anticipate that a ski lift's cable may break and send you plummeting to the ground.