Personal injury lawsuits often involve complex accident scenarios and difficult questions regarding apportionment of fault where the combined actions of multiple parties causes an injury. In these cases, New Jersey law provides juries a mechanism for determining each party’s share of responsibility for the damages. The NJ Comparative Negligence Act, N.J.S.A. 2A:15-5.1, et seq., allows juries to apportion fault for a single accident to multiple parties and assign liability in terms of a percentage of fault to each party. In order to obtain a recovery, an injured plaintiff must be found no more than 50% at fault for causing their injuries.
N.J.S.A. 2A:15-5.1 establishes the framework of the Comparative Negligence Act, providing that “