Yes, in some cases. If a guest ignores clear rules, engages in reckless behavior like diving in shallow water after being warned not to, or trespasses, they may be found fully or partially at fault. This is known as comparative fault. Their compensation could be reduced by their percentage of responsibility. However, the property owner’s duty to maintain a safe environment is high, especially for children, who are not expected to exercise the same judgment as adults.

You must still show how the other party was wrong, but your own fault will be considered. Many jurisdictions use “comparative negligence” rules. This means your compensation will be reduced by your percentage of fault. For example, if you are found 20% responsible, your total damages award will be decreased by 20%. In some places, if you are more than 50% at fault, you may be barred from recovering anything.

This defines what event triggers coverage. An ’occurrence’ policy covers incidents that happen during the policy period, regardless of when the claim is filed. A ’claims-made’ policy only covers claims filed while the policy is active. Claims-made policies are riskier because an incident from your current work could be claimed years later, after the policy lapses, leaving you uncovered. Tail coverage (an extension) is often needed when switching from a claims-made policy.