What if I'm partly at fault for my ski accident?
If you are partly at fault for a ski accident in California, you may still be able to pursue a claim for damages. In California, the law of comparative negligence allows you to recover damages for your injuries, even if you are partly responsible for the accident. Under this legal doctrine, if your negligence or fault contributed to the accident, but another person is more at fault, you can still receive compensation. However, the amount of damages you may recover will be reduced proportionally by the amount of your fault in causing the accident. For example, if you are determined to be 25% at fault for the accident, then any damages you recover may be reduced by 25%. In addition, if the court finds that your negligence or fault was greater than the negligent party’s fault, then you will be prevented from recovering any damages. It is important to note that the court will consider all relevant factors to determine fault in a ski accident, including speed, visibility, weather conditions, skier experience, and any violations of any state or local laws. Therefore, in cases involving some degree of comparative fault it is important to speak to a qualified ski accident attorney who can investigate the accident, evaluate your claim, and determine the amount of fault assigned to each party.
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