Future Business Leaders of America (FBLA) Business Law Practice Exam

What defense can be used against negligence when the victim contributed to their own injury?

1. Comparative negligence

2. Contributory negligence

3. Assumption of Risk

4. Strict Liability

The correct answer is: Contributory negligence

The correct answer involves understanding the concept of contributory negligence, which is a legal defense that asserts that if a victim contributes to their own injury, they may be barred from recovering any damages. This principle is grounded in the idea that if the plaintiff's own negligence played a role in causing their injury, they should take some responsibility for the outcome. In jurisdictions that apply contributory negligence, even a small degree of contribution to the injury by the victim can result in no recovery at all. This means if the plaintiff is found to have been even slightly negligent, they may lose their claim completely, highlighting the strict nature of this defense. This defense contrasts with comparative negligence, where the fault is apportioned between the plaintiff and defendant. In those cases, the plaintiff could still recover damages, albeit reduced by their percentage of fault. Assumption of risk, which is another relevant area, argues that a plaintiff may be barred from recovery if they voluntarily engaged in activities that they knew carried risks. Strict liability, on the other hand, involves the imposition of liability without fault for certain actions, typically related to inherently dangerous activities or defective products, and does not directly address issues of negligence from either party. Understanding contributory negligence is essential for grasping how courts