What type of negligence occurs when both the plaintiff and defendant are at fault?

Comparative negligence is the correct answer because it refers to a legal doctrine that allocates fault between the plaintiff and the defendant when both parties are responsible for the injuries or damages in question. Under comparative negligence, the degree of fault of each party is considered, and damages awarded to the plaintiff may be reduced in proportion to their share of the fault.

This contrasts with other legal concepts such as contributory negligence, where a plaintiff may be completely barred from recovery if they are found to have any fault, and vicarious liability, which involves holding one party liable for the actions of another, typically in an employer-employee relationship. Intentional torts are a different category altogether, focusing on harms caused by deliberate actions rather than negligence.

In summary, comparative negligence provides a fair approach to determining liability and damages based on the relative fault of all parties involved, making it the appropriate choice in situations where both the plaintiff and the defendant share responsibility.