Does the comparative fault doctrine apply to legal malpractice claims?
California, United States of America
The following excerpt is from Mauzey v. Morschauser, D070681, D070683 (Cal. App. 2017):
The comparative fault doctrine applies to legal malpractice claims. (Cf. Theobald v. Byers (1961) 193 Cal.App.2d 147, 150; Ishmael v. Millington (1966) 241 Cal.App.2d 520, 530.) That doctrine provides "a partial defense to a tort claim that the plaintiff's own 'fault' was a contributing cause of the injury for which the plaintiff seeks damages."
Page 23
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the provocative act murder doctrine apply when the felony-murder doctrine does not apply? (California, United States of America)
Does the dual capacity doctrine apply to medical malpractice claims? (California, United States of America)
Does the doctrine of the Landlord's Responsibility doctrine apply in the context of medical malpractice? (California, United States of America)
Can a plaintiff bring a legal malpractice claim after the expiration of the statute of limitations for such a claim? (California, United States of America)
Does the invited error doctrine apply to the doctrine of imperfect self-defense? (California, United States of America)
Does the doctrine of agreed boundaries affect the legal doctrine of adverse possession? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
Does the doctrine of the lesser included offense doctrine apply to a defendant who has pleaded guilty to a charge of a related but not necessarily included crime? (California, United States of America)
Does the federal preemption doctrine apply in a matter involving sexual harassment and claims of retaliatory discharge? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
