What is a “comparative fault” argument in sports injury cases?

In Hawaii, a comparative fault argument in sports injury cases is a way of determining a person’s responsibility for an accident. Comparative fault is also referred to as “contributory negligence” and is used when more than one person or party is at fault for an injury. When this is the case, the court must decide the percentage of responsibility for each person. For example, if a spectator at a football game is hit by a football, each party may be considered to have some responsibility in causing the injury. The court must then determine how much of the fault lies with the spectator, and how much of the fault lies with the person who threw the football. The court will assign each party a percentage of responsibility, ranging from 0% to 100%. The court can also rule that one or more of the parties have no responsibility for the accident. Once the court has decided each party’s percentage of fault, the parties can then proceed to determine an appropriate monetary amount for the injury. Each party must then pay the other party an amount of money equal to their percentage of fault. In Hawaii, it is important to remember that if you are found to be partially or fully at fault, you may be unable to recover any damages.

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What is a “comparative fault” argument in sports injury cases?

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