Comparative fault is the rule that reduces a plaintiff's recovery by the share of responsibility assigned to the plaintiff. Some jurisdictions bar recovery above a threshold of fault, and others reduce it proportionally at any level.
The rule appears in several forms: pure comparative fault, modified rules with a bar at fifty or fifty-one percent and, in a few places, contributory negligence that bars recovery on any plaintiff fault. Which rule applies is a jurisdiction-level fact.
It changes the value distribution of a case. A matter with a meaningful chance of an allocation to the plaintiff has a different band of outcomes in a pure regime than in a modified one.
Comparative fault is not a finding of liability by itself. It is the allocation of responsibility among those found to have contributed.
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