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

Reviewed by Jordan Morley, Editorial Lead at 247SimpleTests. Written by the 247SimpleTests Editorial Team from the official source material cited on every question.

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 Both ignore fault entirely
  2. B They produce the same result
  3. C Both bar all recovery
  4. D 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

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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About this topic: Commercial General Liability

Commercial general liability questions cover bodily injury and property damage liability, personal and advertising injury, medical payments, occurrence versus claims-made forms, and the standard exclusions. This is one of 13 Casualty Insurance questions on commercial general liability, each with a full explanation on a single study page.

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