How To Prove A California Comparative Fault Defense

 

 

In California, a defense of Comparative Fault is defined as:

An award the defendant owes to the plaintiff must be reduced by an amount equal to the percentage of the fault of others in causing or contributing to the damages as alleged in the complaint.

It simply means:

The actions of other people will reduce the amount the defendant has to pay.

There are 2 elements of the defense:

• Element 1. The plaintiff was negligent. The plaintiff was careless or failed to act responsibly, contributing to the accident or injury, which can affect how much compensation they receive in a legal case involving shared blame.
  

  Facts that might support this element look like:

  * The plaintiff failed to obey a clearly marked stop sign, resulting in a collision.
  * The plaintiff was texting on their phone while driving, which distracted them from the road.
  * The plaintiff did not wear a seatbelt, increasing the severity of their injuries in the accident.
  * The plaintiff was driving at an excessive speed in a residential area, endangering themselves and others.
  * The plaintiff ignored weather warnings and chose to drive in hazardous conditions, leading to the incident.

• Element 2. The plaintiff’s negligence was a substantial factor in causing his or her own harm. In a comparative fault defense, this means that the person who is suing (the plaintiff) played a significant role in causing their own injury, which can affect how much compensation they might receive for their damages.
  

  Facts that might support this element look like:

  * The plaintiff was texting on their phone while walking, which distracted them from their surroundings.
  * The plaintiff ignored posted warning signs about a slippery surface and proceeded to walk without caution.
  * The plaintiff was not wearing appropriate footwear for the conditions, which contributed to their loss of balance.
  * The plaintiff failed to seek medical attention for a pre-existing condition that exacerbated their injuries.
  * The plaintiff chose to engage in risky behavior, such as running in a crowded area, despite knowing the potential dangers.

^{(See California Civil Jury Instructions (CACI), No. 405.)}
If you’re in court without a lawyer and plan to assert a Defense of Comparative Fault, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.

Prove Your CA Comparative Fault Defense

U.S. Civil Cases Only