Intro to Paralegal Studies Practice

What is the traditional defense to a negligence claim?

1. Contributory Negligence

2. Comparative Negligence

3. Assumption of Risk

4. Strict Liability

The correct answer is: Contributory Negligence

The traditional defense to a negligence claim is contributory negligence. This doctrine holds that if a plaintiff is found to have contributed to their own injury through their negligent actions, they may be barred from recovering damages from the defendant. In jurisdictions that apply contributory negligence, even a small degree of fault attributed to the plaintiff can completely nullify their ability to claim compensation. This principle emphasizes accountability for one's own actions and serves as a defense for defendants in negligence cases, asserting that the plaintiff's own negligence played a significant role in causing the harm. In contrast, comparative negligence, while also a defense, allocates fault between the parties involved and allows for recovery depending on the degree of negligence attributed to each party. Assumption of risk involves the plaintiff knowingly and voluntarily engaging in an activity that carries inherent risks, which can be a separate affirmative defense. Strict liability pertains to situations in which a defendant is held liable for damages regardless of fault or negligence, typically applicable in cases involving inherently dangerous activities or defective products.