Comparative Negligence in New Jersey
State-specific overview · Tort Law
New Jersey uses pure comparative negligence; you recover your proportional damages even if you are mostly at fault.
How New Jersey treats Comparative Negligence
New Jersey permits recovery under pure comparative negligence principles, allowing plaintiffs to recover a percentage of damages equal to the defendant's percentage of fault. If you are 85% at fault and the defendant 15%, you recover 15% of your damages. New Jersey courts apply this rule flexibly across various negligence contexts, including automobile accidents and premises liability cases.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Jersey.