What is the “comparative negligence” doctrine in sports injury cases?
The “comparative negligence” doctrine is a legal principle in Hawaii that applies in sports injury cases. It states that an injured party may recover damages from a responsible party, even if the injured party was partially responsible for their own injury. Under the doctrine, the degree of liability and the amount of damages awarded to the injured party are proportional to the divide between the responsibility of the injured party and the responsibility of the responsible party. For example, if the injured party was found to be 20% liable for their own injury, then the responsible party would only be held liable for the other 80%. Comparative negligence can come into play in a variety of sports injury cases, including injuries caused by dangerous conditions on a sports field, misuse of sports equipment, or negligence of a coach or school. To determine liability in each case, courts must consider the actions of both parties and decide what percentage of responsibility should fall to each. Overall, courts in Hawaii seek to balance the interests of the injured party and the responsible party when determining liability in sports injury cases. A responsible party’s liability is reduced when the court finds that the injured party was partially responsible for their own injury. The court will also consider the degree of negligence of the responsible party, as well as the extent of the injury suffered by the injured party.
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