Can I sue if someone else was partially at fault for my ski accident?
Yes, you can sue in Pennsylvania if someone else was partially at fault for your ski accident. However, this is based on the doctrine of comparative negligence. Under this doctrine, you can seek damages as long as you do not bear more than 50 percent of the blame for the accident. If your claim goes to court, the judge or jury will assess the percentage of fault between the parties, assigning the greater percentage of fault to the party who is more at fault. The law considers that the more at fault any one party is, the lesser the damages that will be awarded to the other party. Therefore, if you were deemed to be 40 percent at fault for the accident, you will be able to sue the other party but you would only be entitled to 60 percent of the damages you are seeking. However, if the other party was found to be more than 50 percent at fault, you would be awarded the full amount of damages you are seeking. In conclusion, if you are in an accident and the other party is partially at fault you can sue for damages in Pennsylvania, provided that you are not more than 50 percent liable for the accident.
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