Intro to Paralegal Studies Practice

What is typically the result of a finding of contributory negligence?

1. A partial recovery of damages

2. Increased compensation for the plaintiff

3. A complete bar to recovery

4. A reassessment of the case

The correct answer is: A complete bar to recovery

A finding of contributory negligence typically results in a complete bar to recovery. This legal doctrine suggests that if a plaintiff is found to have contributed to their own harm through negligent behavior, they may be completely denied the ability to recover any damages from a defendant. The rationale behind this principle is that a person should be responsible for their own actions; thus, if they fail to exercise reasonable care and this failure contributes to their injury, then they may not claim compensation for damages resulting from that injury. In a contributory negligence system, even a small degree of fault on the part of the plaintiff can eliminate their right to damages, discouraging negligent behavior on both sides. This contrasts sharply with comparative negligence systems, where a plaintiff may still recover partial damages based on their degree of fault. Consequently, the decisive nature of contributory negligence makes it significant in personal injury cases and underscores the importance of demonstrating diligence in avoiding hazards to oneself.