How is fault determined in a maritime personal injury case?

When a maritime personal injury case is heard in the state of Washington, fault is determined by a legal principle called “comparative fault”. Comparative fault is based on the idea that both parties in the case may be at fault, and therefore both parties may be responsible for the injuries and damages incurred. The court will analyze both parties’ conduct before, during, and after the accident to determine fault. This includes examining the type of environment the accident occurred in, the safety measures both parties had in place to prevent the accident, and any other relevant information. The court may also consider the amount of damages each party caused, the duties and obligations of the parties involved in the case, and the actions or inactions of each party. The court will also consider whether either party acted in a negligent manner, and if so, to what extent was the negligence a cause of the accident. For example, a party may be considered negligent if they failed to exercise reasonable care or violated a safety regulation that contributed to the accident. In Washington, the court will assign a percentage of fault to each party. The percentage of fault allocated to each party affects the amount of compensation each party is responsible for. The court may also allocate responsibility among several parties if they were both partly at fault.

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How is fault determined in a maritime personal injury case?

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