What is comparative negligence?

The general Florida rule for allocating damages when both parties are at least somewhat at fault is comparative negligence.  In a situation where both the plaintiff and the defendant were negligent, the jury allocates fault, usually as a percentage (for example, a jury might find that the plaintiff was 30% at fault and the defendant was 70% at fault).  Or, there may be multiple defendants that are charged with a percentage of fault for an injury.  Then each at-fault party pays its share of the other’s damages (in the above example, the lone would defendant pays 70% of plaintiff’s damages, and the plaintiff’s damages calculation iss offset by 30% due to his/her comparative fault).

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