How is fault determined in a ski accident?
Fault in a ski accident is determined by identifying the actions of each involved party and then deciding who was more responsible for the accident. In Washington, the standard of fault is known as comparative negligence. Comparative negligence is based on the doctrine of comparative fault, which means that if both parties were at fault, their liability will be apportioned in proportion to their respective degree of negligence. Under comparative negligence, if one of the parties is found to be more than 50 percent at fault for the accident, then they will be considered the sole or primary negligent party. If one party is found to be 50 percent or less at fault, then both parties will be considered to have contributed negligence. The amount of liability assigned to each party is in proportion to their degree of fault. In addition to determining the comparative fault of the parties, the court may consider any other factors that may have contributed to the accident, such as the condition of the ski area, visibility conditions, or the influence of alcohol or drugs. The court will also consider any safety practices or equipment that were in effect at the time of the accident. The determination of fault in a ski accident can be complicated and requires a thorough and comprehensive investigation. If you have been involved in a ski accident, it is important to consult with an experienced attorney who can advise you of your rights and represent you in court.
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