What happens if I am found partially at fault in a construction accident case?
In Tennessee, if you are found partially at fault in a construction accident case, the court will consider your degree of fault in determining whether you are entitled to compensation for your losses. Under the state’s comparative fault rule, your damages award will be reduced by the degree of your fault, no matter how small that percentage may be. For example, if you are found 20% liable for a construction accident and awarded $50,000 in damages, you can only recover $40,000 in compensation due to the percentage of your fault. On the other hand, if you are found to be more than 50% liable, you will not be able to recover any damages. In addition, the other parties involved can also use your degree of fault as a defense. If your fault is found to exceed that of the other parties, they may choose to argue that your fault outweighs their liability and seek to be absolved of responsibility altogether. It is important to remember that the court’s decision is based on a preponderance of the evidence and that the degree of fault for each party may fluctuate. As a result, it is important to consult with a knowledgeable attorney if you are involved in a construction accident case to ensure that your rights are protected.
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