What is a “comparative fault” argument in sports injury cases?
In Washington, a “comparative fault” argument in sports injury cases is a legal defense that is used to try to reduce the amount of damages that the defendant is liable for. In other words, it is the process of comparing the degree to which the defendant and the plaintiff were each at fault for the injury that occurred. In a comparative fault argument, the defendant argues that the plaintiff is partially at fault for their own injuries, and as such, should not receive full compensation. For example, let’s say a football player was injured after getting tackled by another player. The injured player might argue that the tackle was inappropriate, and that the other player should be held liable. In a comparative fault argument, the defendant might claim that the injured player should have been more aware of his surroundings, and that his own lack of awareness contributed to the injury. If the plaintiff is found to be partially at fault, the amount of damages they are eligible to receive will be reduced. It is important to note that comparative fault is only applicable if the plaintiff is found to be partially responsible for the injury. If the defendant is found to be completely at fault, then the plaintiff will be eligible for full compensation. Comparative fault is a complicated legal concept in sports injury cases, which is why it is important to have a lawyer who understands all the applicable laws and is well-versed in legal procedures.
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