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What is comparative fault?

Posted by Ashleigh Beer-Vineyard | Sep 22, 2023 | 0 Comments

Imagine you're throwing a big pizza party. Now, let's say you and your friend are in charge of making the pizza together. As you both start assembling the ingredients, a little accident happens: you accidentally drop the entire container of cheese on the floor. Oops! 

Now, according to the comparative fault doctrine, when it comes to determining who's responsible for the cheese disaster, the blame might not fall entirely on one person. Let's say your friend left a banana peel on the floor, causing you to slip and drop the cheese. In this scenario, the blame could be shared between you and your friend.  

Just like in a comparative fault situation, the person hosting the pizza party (let's call them the judge) will assess the degree of fault for each party involved. If the judge determines that you were 70% responsible for the cheese incident and your friend was 30% responsible for leaving the banana peel, the judge might adjust the compensation accordingly. So, if the cheese was worth $100, you might only be entitled to $70, and your friend would bear 30% of the responsibility. 

Remember, this is just a lighthearted analogy to help understand the concept. In real-life legal situations, comparative fault can be more complex, but it's all about determining the degree of responsibility and how it affects the compensation you may receive.  

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