Intro to Paralegal Studies Practice

Which concept indicates a complete bar to recovery for a plaintiff?

1. Assumption of the risk

2. Comparative negligence

3. Contributory negligence

4. Strict liability

The correct answer is: Contributory negligence

Contributory negligence is a legal concept that can serve as a complete bar to recovery for a plaintiff in a personal injury case. This doctrine posits that if a plaintiff is found to have contributed in any way to the injury they suffered, they may be completely barred from recovering damages from the defendant. In jurisdictions that adopt this principle, even a slight degree of negligence on the part of the plaintiff can negate their ability to claim compensation. Assumption of the risk refers to a situation where a plaintiff knowingly and voluntarily engages in an activity that carries inherent risks, but it does not always completely bar recovery, especially if the defendant acted recklessly. Comparative negligence allows for damages to be apportioned based on the degree of fault of each party, meaning a plaintiff can still recover some damages even if they were partially at fault. Strict liability pertains to situations where a defendant is held liable for damages without proof of negligence, typically in cases involving defective products or inherently dangerous activities. It does not bar recovery; rather, it simplifies the plaintiff's burden to prove a case. Therefore, concisely, contributory negligence serves as a complete bar to recovery, emphasizing its stringent nature in limiting or eliminating a plaintiff's claim based on their own negligence.