What type of defense is comparative negligence classified as?

Comparative negligence is classified as a statutory defense because it is established through state legislation, varying by jurisdiction. The principle of comparative negligence allows for the allocation of fault among parties involved in an accident or incident. Instead of a simple "all-or-nothing" approach to liability, this defense enables an injured party to recover damages that are proportionate to the degree of negligence attributable to each party.

For example, if a plaintiff is determined to be 30% responsible for their injuries and the defendant 70% responsible, the plaintiff can still recover 70% of the damages. This provides a more nuanced system for determining liability and compensation, reflecting the complex nature of most accidents.

The distinction as a statutory defense emphasizes that the rules governing comparative negligence are enacted by legislative bodies and subject to specific regulations and guidelines. This identifies it as a formalized legal concept rather than a common law or general legal defense, highlighting its reliance on written statutes.