Is comparative fault applicable in cases that don’t involve car accidents?
Yes. Almost any case that results in personal injury or property damage in New Jersey will have modified comparative fault as a consideration. This can be anything from a dog bite caused by aggressive or improper treatment of another’s dog to a workplace injury caused both by management’s improper behavior and a worker’s own mistakes. Exceptions do exist as stated in NJ Rev Stat § 2A:15-5.4. These exceptions are focused around the Department of Environmental Protection and environmental protection laws, which limits or bans enforcement of liability in these rare cases. If you are ever a victim of personal injury or property damage as a result of the Department’s actions, you will need to speak with a legal professional who is an expert in cases involving the Department.