Los Angeles Claims Adjuster Property and Causality Practice Exam

Which common law defense states that if an individual contributes to his or her own loss, another cannot be held liable?

1. Contributory Negligence

2. Comparative Negligence

3. Assumption of Risk

4. Intervening Cause

The correct answer is: Contributory Negligence

The concept of contributory negligence is rooted in common law and serves as a defense in tort cases. It holds that if a plaintiff is found to have contributed to their own injury or loss through their own negligent actions, they may be barred from recovering any damages from the defendant. This principle operates under the idea that individuals have a responsibility to act reasonably and not conduct themselves in a way that could exacerbate their own risk of harm. In jurisdictions that apply contributory negligence, even a small degree of fault on the part of the injured party can nullify their claim, meaning that any shared responsibility between the involved parties can lead to a complete dismissal of liability on the part of the defendant. This strict approach contrasts with other forms of negligence, such as comparative negligence, where an injured party can still recover damages proportionate to the degree of fault of each party involved. Understanding contributory negligence can help better clarify the standards of liability and how personal actions can directly impact the outcomes in personal injury claims or other tort cases.