Is there a “duty to retreat” in sports injury cases?

No, there is no “duty to retreat” in sports injury cases in Washington. This is because Washington is a “comparative negligence” state. This means that in any case, the court will assign a percentage of fault to each of the parties involved in the incident. This percentage of fault for each party is then used to determine the extent of their liability for the injury, if any. In a sports injury case, the court would look at all the relevant factors, such as the amount of contact involved, the nature of the players’ actions, the safety equipment and conditions, as well as other factors. The court will then assign a percentage of fault to each party, regardless of whether one party has failed to retreat. For example, if a player was struck by a ball during a game, the court would not assign blame to the player for failing to retreat, because generally such a response would not be considered reasonable. The court would instead look at the other factors to see which party the court decides was negligent and what percentage of fault should be assigned to them. The courts in Washington are clear that there is no “duty to retreat” in sports injury cases. The court will instead look at the facts of the case and assign each party’s level of responsibility in the harm caused.

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