Comparative fault can change the entire outcome of a case. Here’s how to use your Answer to introduce this powerful defense and shift the blame where it belongs.
When facing a lawsuit, comparative fault is a potent defense that can reduce or eliminate your client’s liability by showing that the plaintiff shares responsibility for the harm. By asserting comparative fault early—especially in your Answer—you set the stage for a defense strategy that can significantly affect the outcome of the case.
In this article, Legal Husk explains how to use your Answer to introduce the defense of comparative fault and why doing so early is crucial for the success of your case.
✅ Comparative fault (also called comparative negligence) is a defense in which the defendant argues that the plaintiff shares some or all of the responsibility for the harm caused.
Pure comparative fault allows the jury or court to reduce the plaintiff’s recovery based on the degree of fault assigned to them.
Modified comparative fault limits the plaintiff’s recovery if their fault exceeds a certain threshold (e.g., 50% or more).
🎯 Introducing comparative fault early can reduce the defendant’s liability, limit damages, or even result in a dismissal if the plaintiff’s fault is high enough.
✅ You can assert comparative fault directly in your Answer:
Denial: Start by denying the allegations that you were the sole cause of the plaintiff’s damages.
Assertion of Comparative Fault: Specifically state that the plaintiff or others were partially at fault. This can be done by adding an affirmative defense or raising it as a counterclaim.
Example:
“Defendant denies that they are solely responsible for the plaintiff’s injuries and asserts that the plaintiff’s own negligence contributed to the incident, thereby reducing or eliminating defendant’s liability.”
✅ You should assert comparative fault when:
The plaintiff’s own actions contributed to the harm they suffered (e.g., in personal injury cases).
There are other third parties involved who share some responsibility (e.g., a co-defendant, or an employer in worker’s compensation cases).
You have evidence that the plaintiff’s negligence or actions were a factor in the accident or damage.
🎯 Assert it early to give the court, opposing counsel, and the jury a clear understanding of your defense from the start.
✅ Raising comparative fault in your Answer is essential for several reasons:
Preserve the defense: Failure to raise comparative fault early can waive it in many jurisdictions.
Narrow the issues: By asserting that the plaintiff shares fault, you focus discovery on the comparative aspects of the case.
Force the plaintiff to prove their case: The plaintiff must now prove their lack of fault, which can be difficult if they made mistakes or contributed to the incident.
✅ To support a comparative fault defense:
Gather witness statements, video evidence, and documentation showing the plaintiff’s involvement in the incident.
Look for evidence that shows the plaintiff was distracted, negligent, or engaged in risky behavior leading to the harm.
If applicable, get evidence of other parties’ involvement, including third-party actions that contributed to the incident.
🎯 The stronger your evidence of comparative fault, the more likely it is that the defense will be successful.
✅ Be cautious when asserting comparative fault to avoid inadvertently admitting liability:
Do not admit liability—you are simply asserting that the plaintiff’s actions were at least partially responsible.
Keep the focus on the plaintiff’s negligence: Make sure the primary argument is that the plaintiff contributed to their own harm, rather than admitting any wrongdoing on your part.
Example:
“Defendant asserts that the plaintiff’s failure to exercise reasonable care contributed significantly to the injuries sustained.”
✅ The threat of a comparative fault defense can be a powerful tool in settlement negotiations:
When you assert that the plaintiff’s fault will reduce their recovery, you can leverage this in settlement talks.
Highlight the strength of your evidence showing shared responsibility, making the case less appealing to the plaintiff unless they settle on favorable terms.
🎯 Comparative fault can pressure the plaintiff to settle early to avoid a reduced award at trial.
✅ There are situations where comparative fault may not be applicable:
In strict liability cases, where the defendant’s liability does not depend on fault, comparative fault may not apply.
If the plaintiff’s actions are deemed reckless or willful, some jurisdictions may bar any reduction of damages due to comparative fault.
🎯 Always evaluate the nature of the claim and the specific jurisdiction before relying on comparative fault.
In a car accident case, the defendant asserts comparative fault:
The defendant denies liability for the accident and asserts that the plaintiff’s speeding and failure to yield were significant factors in the crash.
The defendant provides evidence from a witness who saw the plaintiff run a red light and relevant traffic camera footage that shows the plaintiff’s actions leading up to the crash.
Result: The court reduces the plaintiff’s recovery, and the defendant’s liability is minimized.
Introducing comparative fault in your Answer isn’t just about defending your client—it’s about shaping the case from the beginning. By asserting that the plaintiff’s own actions contributed to the harm, you place the burden on them to prove their case while protecting your client’s interests. Early assertion of this defense can lead to a reduction in damages or even a favorable settlement.
At Legal Husk, we help attorneys craft Answers that are strategic, focused, and ready to leverage comparative fault in your client’s favor.
Need help raising comparative fault in your Answer? Legal Husk ensures that your defense is clearly articulated and well-supported with evidence.
📌 Ready to introduce comparative fault to shape the case?
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