What is the difference between contributory negligence and comparative negligence in ski accidents?

Contributory negligence and comparative negligence are two types of legal theories used in North Dakota to determine liability in ski accidents. Generally, contributory negligence states that if a person is found to be responsible for any part of a ski accident then they cannot recover damages in a court of law. This means that if a person was even slightly negligent or did not exercise proper care for their own safety, they cannot be awarded damages. Comparative negligence is a more modern legal theory that takes into account how much negligence each party had in a ski accident. For example, if one person is found to be mostly at fault for an accident, but the other person acted negligently as well, the court would assess each party’s percentage of fault. The damages awarded would then be reduced by the percentage of fault assigned to each party. For example, if a judge found that one person was 70% at fault and the other person was 30% at fault, then the person with 30% liability would only recover 70% of the damages awarded in the case. Comparative negligence allows courts to assign fault and appropriately award damages in ski accidents more evenly than contributory negligence.

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What is the difference between contributory negligence and comparative negligence in ski accidents?

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