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- Non-Party at Fault -
Comparative fault principles have resulted in the concept of a non-party at fault. This is someone who was at least partly at fault for an injury, but for whatever reason, is not a party to the lawsuit. It may be that the non-party was a hit and run driver, or was the injured person’s employer, or someone who settled before trial. Under comparative fault, the jury must decide whether to allocate fault to the non-party and in what percentage.