What is “ comparative fault” in sports injury cases?
Comparative fault in sports injury cases is a term that describes the amount of fault that each party holds for the injury. In California, it is known as a “modified comparative fault rule”. This means that a person can still recover damages, but their recovery may be reduced by the amount of fault that is attributed to them for causing the injury. For instance, if a person playing football were to suffer an injury due to a tackle, the fault could lie with both parties. If the player was not wearing the proper protective gear, then they may be found to be at fault for their own injury. If the tackle was illegal, then the player doing the tackle could be held accountable for the injury as well. In this case, a court may determine the comparative fault of the parties and adjust the amount of damages accordingly. Comparative fault is a concept that is used in many personal injury cases, not just in sports injury cases. It allows a court to adjust the damages a plaintiff receives based on the amount of fault that is attributed to them. This helps to provide more equitable outcomes in injury cases and can make sure that the plaintiff receives adequate compensation for their injury.
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