How is fault assessed in a vehicle rollover lawsuit?

In a vehicle rollover lawsuit in Kansas, fault is assessed based on the negligence of the parties involved. Typically, the driver of the vehicle is held responsible if the rollover is caused by a negligent act, such as reckless driving. If the rollover is caused by the vehicle’s malfunction or design, then the manufacturer is the one held liable. In Kansas, the state follows a comparative negligence standard, which means that both sides of the lawsuit can be held liable for the rollover, depending on the percentage of fault assigned to them. For instance, if the driver was determined to be 25% at fault and the vehicle manufacturer 75% at fault, the driver could still be held accountable for the damage caused, albeit with a lesser degree of liability. If the vehicle is deemed to be defective, then the manufacturer can be sued for product liability. Such a lawsuit requires the plaintiff to prove that the defect is the cause of the accident and the responsibility is then placed on the manufacturer for not providing a safe product. The court must then assess the damages and determine who is liable for the accident. If negligence is found on both sides, the damages may be spread across the parties in a process known as “comparative negligence.” Each party’s respective legal team will provide evidence to support their claims and present their case in court. The court will make a ruling and assign liability based on the evidence provided.

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How is fault assessed in a vehicle rollover lawsuit?

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