Comparative Negligence
Comparative negligence is not recognized in any of the local jurisdictions of Virginia, D.C. and Maryland. Many states do, however, recognize the concept of comparative negligence which is dramatically different than the principle of contributory negligence. Comparative negligence simply means that if there is negligence on the part of the person bringing the claim then the overall verdict is reduced by the amount of negligence on that persons part. For instance, if the party bringing the claim is found to be 20% negligent then the amount of the verdict is reduced by 20%.
Comparative negligence is seen by most as being a fairer system of compensation than the contributory negligence rule which is quite harsh. There are frequent attempts to implement comparative negligence in Virginia but to date they have failed.
