How is fault determined in a ski accident?

Fault in a ski accident is determined through a process called comparative negligence. Comparative negligence is a legal doctrine that holds each party to fault responsible for the accident proportionately. In California, two theories of comparative negligence are utilized: pure comparative negligence and modified comparative negligence. Under the doctrine of pure comparative negligence, any party involved in the ski accident is responsible for their own fault, regardless of their percentage of fault or the amount of damages caused. Under this theory, a party can be held liable even if their percentage of fault is very minimal. The other theory, modified comparative negligence, sets a limit on the responsibility of each party involved in the ski accident. In California, if a party is found to be greater than 50% at fault for the ski accident, they cannot collect any damages from the other party. In other words, if a person is found to be 51% or more at fault for the ski accident, they cannot collect any damages from the other party. On the other hand, if the party is found to be 50% or less at fault for the ski accident, they may be able to collect damages from the other party. The proportionate fault of each party involved in the ski accident is determined by examining the surrounding circumstances including, but not limited to, skiing ability and speed, the conditions of the ski slope, and the actions of each party that lead up to the ski accident. If it is determined that more than one party was at fault for the ski accident, each party may be held responsible proportionately.

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