Q: What is comparative faul?
A: Sometimes there may be more than one negligent party who has caused the harm to the child. Washington follows the law of comparative negligence (also called comparative fault). This term means that more than one party may be responsible for a child’s damages according to each party’s percentage of negligence. For example, let’s say Party A and Party B both negligently injured a child and that child’s damages were calculated at $100,000. Party A was found 25% responsible and Party B 75%. Party A’s share of the child’s damages is $25,000 and Party B’s share is $75,000. Under the law of comparative fault, each negligent party is only responsible for its share of damages as determined by the jury (or a judge if the matter is tried without a jury, i.e., bench trial).
