How is “fault” determined in sports injury cases?

In Mississippi, fault is typically determined by considering both comparative and contributory negligence when evaluating a sports injury lawsuit. Comparative negligence is defined as the amount of responsibility that both the plaintiff and the defendant had in causing the sports injury. The defendant’s responsibility is measured against the plaintiff’s responsibility to see if either party is partially responsible. For instance, if the plaintiff is found to be 20% responsible for his or her own injury then the defendant’s responsibility is reduced by 20% in the eyes of the court. Contributory negligence is a defense that is used to determine if the plaintiff’s conduct contributed to their own injury. For example, if the plaintiff failed to follow safety guidelines or acted recklessly in the course of the sports activity then they may be found to be partially at fault for their own injury. Although some states limit the amount of fault that the plaintiff can bear in a sports injury lawsuit, Mississippi does not recognize a limit and may allow the court to assess fault in whatever percentage they deem appropriate. Ultimately, fault is determined by the court based on the facts of the case. To glean an accurate assessment of fault, a jury or judge will likely review witness testimony, expert analysis, and other pertinent evidence to make their decision.

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How is “fault” determined in sports injury cases?

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