comparative fault

Who’s at Fault and How Much?

The term “comparative fault” refers to a system of apportioning damages between negligent parties based on their proportionate shares of fault.  Under a comparative fault system, a plaintiff’s negligence will not completely bar recovery like states that employ the harsh contributory negligence rule, but it will reduce the amount of damages the plaintiff can recover based on the plaintiff’s percentage of fault. The “pure comparative fault rule” allows a damaged party to recover even if it is 99% at fault, although the recovery is reduced by the damaged party’s degree of fault.  

Continue reading “Understanding Louisiana’s Comparative Fault System”