Torts · defense
Comparative fault is a legal principle used in tort law that assigns fault to both the plaintiff and the defendant in an accident or injury case. This assessment determines each party’s percentage of fault and influences the damages awarded to the plaintiff.
The plaintiff must demonstrate that they acted negligently in a way that contributed to their injuries.
What to prove: It must be shown that the plaintiff's actions fell below the standard of care expected, helping to cause the accident or injury.
The plaintiff must establish the defendant's negligent behavior that led to the incident.
What to prove: Evidence must point to the defendant's failure to act as a reasonable person would under similar circumstances.
The total fault for the injury must be divided among all parties involved, including the plaintiff.
What to prove: An accurate determination of fault percentages for both the plaintiff and defendant must be shown to warrant damage calculation.
The burden of proof rests with the defendant to establish the plaintiff's comparative fault, usually by a preponderance of the evidence standard.
Expect exam questions to involve fact patterns requiring the application of comparative fault principles and calculations of damages based on fault percentages.