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Frequently Asked Questions

What are some legal steps that can be taken to avoid being sued for negligence?

To avoid being sued for negligence, there are several legal steps that can be taken. One of the most effective methods is to include a hold harmless clause in contracts, particularly those associated with high-risk ventures. This clause can protect you from being held liable for injuries or damages that occur during the course of the contract's execution. However, it's important to note that many people often confuse indemnity and hold harmless clauses, but they are not the same. Many indemnity clauses do not offer protection against contributory or gross negligence. Understanding the difference between contributory and comparative negligence can also be beneficial. Contributory negligence is a doctrine that can prevent a plaintiff from recovering damages if they are found to be even slightly at fault. On the other hand, comparative negligence allows courts to determine the degree of negligence of each party and adjust the damages accordingly. There are two types of comparative negligence: pure and modified. Pure comparative negligence allows a plaintiff to recover damages even if they are 95 percent at fault, while modified comparative negligence generally does not award damages if the plaintiff is more at fault than the defendant.
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