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Insurance · Commercial General Liability

What is the difference between 'comparative negligence' and 'contributory negligence' systems?

Correct answer

Under comparative negligence, a damaged party's recovery is reduced in proportion to their share of fault; under strict contributory negligence, a party even slightly at fault may be barred from recovering at all

  1. A They produce the same result
  2. B Under comparative negligence, a damaged party's recovery is reduced in proportion to their share of fault; under strict contributory negligence, a party even slightly at fault may be barred from recovering at all
  3. C Both bar all recovery
  4. D Both ignore fault entirely

Why this is the answer

These are two legal approaches to handling situations where the injured party shares some fault. Under comparative negligence (used in most states, in pure or modified forms), the injured party can still recover damages, but the award is reduced in proportion to their own percentage of fault. Under the stricter contributory negligence rule (used in only a few states), a party who is even slightly at fault for their own injury may be completely barred from recovering. Which system applies affects liability claim outcomes and varies by state. Understanding the difference between comparative and contributory negligence is important liability-concepts content for adjusters and producers.
Source: NAIC Model Outline, Comparative vs Contributory Negligence

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