What is the difference between contributory negligence and comparative negligence in ski accidents?
The difference between contributory negligence and comparative negligence in ski accident cases in California is the way each is used to determine liability. Contributory negligence is a defense used in ski accident cases that allows defendants to deny liability if the injured party was at least partially responsible for the accident. This means that if the injured skier was found to be negligent, then they will not be eligible to receive any damages. Comparative negligence, on the other hand, is used to assign liability to the parties involved in a ski accident based on their percentage of fault. For example, if the injured party was found to be 20% at fault and the defendant was found to be 80% at fault, the injured party would receive a damage award that is reduced by the 20% portion due to their contribution to the accident. In California, contributory negligence is a complete defense to a ski accident claim that bars any recovery by the injured party. Comparative negligence, however, is an applicable defense which can limit the liability of a defendant for an accident, but does not bar an injured party from recovering damages. Depending on the severity of the accident and the negligence of the parties involved, the use of contributory negligence or comparative negligence could have a major impact on the outcome of the ski accident claim.
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