What is comparative negligence in a boating accident case?

Comparative negligence is a legal concept that is applicable in many boating accident cases in Virginia. Comparative negligence is a system that assigns liability for an accident between two or more parties, helping to determine who was at fault and to what degree. In order to determine comparative negligence, both parties’ negligence needs to be identified and compared. In Virginia, the courts use what is called a “pure comparative negligence” rule. This means that the parties involved in the accident can be assigned different negligence percentages. For example, one party may be assigned 40% negligence, while the other party is assigned 60% negligence. The party with the higher percentage of negligence would then be liable for a larger portion of the damages. The advantage of using comparative negligence is that it allows the court to assign proportional blame for an accident, even if both parties are at fault in some way. This is especially useful in boating accidents where liability is difficult to determine. Comparative negligence also helps to ensure that each party is only responsible for their own actions in an accident, ensuring fairness in the case.

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What is comparative negligence in a boating accident case?

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