What is a key aspect of comparative negligence?

The key aspect of comparative negligence is that it reduces the recovery amount based on the plaintiff's share of negligence. Under comparative negligence, if a plaintiff is found to be partially at fault for their injuries, their damages award will be adjusted in proportion to their degree of fault. For example, if a jury determines that a plaintiff is 30% responsible for an accident and awards $100,000 in damages, the plaintiff would only recover $70,000 after accounting for their own negligence.

This principle allows for a more equitable approach to liability in tort cases, contrasting with a system where a plaintiff might be entirely barred from recovery if found to share even a small percentage of fault. The other options do not accurately reflect the nature of comparative negligence. For instance, it does not always bar recovery, nor does it impose a higher standard of proof compared to contributory negligence. Additionally, it can be applicable in various contexts, including cases involving strict liability, depending on the jurisdiction.