Comparative negligence exists in different forms, but its essence is that all parties should be liable for no more than their actual percentage of fault. Four children chasing a kite drowned in a frozen pond.Learn how to file a damage claim under the CTCA and how a skilled attorney can help you prepare and submit your claim for fair compensation. California is NOT a nofault state. Rather, California is a fault or tort liability state. In general, you have to sue someone (file the papers in court) within 2 years from the date of the injury. In negligence cases, you have to show that the defendant was at fault because he or she acted without due care or breached a duty of care. To assert a viable negligence claim under California law, the plaintiff must be a person to whom the defendant owed a duty of care. The elements of a cause of action for negligence are well established. A near miss, even though it is frightening, is not negligence in the Golden State.
