If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue the other person for negligence. If you went to a friends house and they told you not to go out the backdoor because the deck was being repaired and after being told you still went out the backdoor, you assume the risk.
Comparative negligence works on a percentage basis to assign a degree of fault for the injuries suffered. For example a plaintiff in a products liability case cannot be found more than fifty percent at fault in order to be compensated for injuries suffered. If a plaintiff is found to be fifty-one percent at fault, he or she will not receive any damages for injuries suffered. Additionally, for plaintiffs that are found to be less than fifty-percent at fault, the award is reduced in proportion to the plaintiff's percentage of fault.
To have a personal injury case, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are.