Uniform Comparative Fault Act Law and Legal Definition

The Uniform Comparative Fault Act (UCFA), and its periodic revisions, is one of the Uniform Acts drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) for harmonizing state laws in force in the states. The UCFA seeks to establish an apportionment of liability that is more flexible than the all-or-nothing approaches of the contributory negligence and last clear chance doctrines. Under the UCFA, the judgment against tortfeasors can be reduced according to any negligence on behalf of the plaintiff, and multiple tortfeasors held joint and several liability can seek contributions from their codefendants. The 1977 Uniform Comparative Fault Act is the purest expression of the comparative fault doctrine. It is a 100% comparative fault act. If an injured person contributes 90% to his or her own injury, the other tortfeasors are responsible for 10%. Under the 1977 Uniform Comparative Fault Act, they would pay 10%. The Uniform Comparative Fault Act was never popular in the state legislatures, eventhough, some courts used it as authority, thereby incorporating it into the common law as a minority rule. An attempt to address the shortcomings of the UCFA has been made with the Uniform Apportionment of Tort Responsibility Act, promulgated in 2002.