Insurance · Laws and Regulations

What is 'comparative negligence' versus 'contributory negligence'?

Correct answer

Comparative negligence reduces the plaintiff's recovery by their percentage of fault; pure contributory negligence completely bars recovery if the plaintiff has any fault — only a few states still use pure contributory negligence

  1. A The same concept
  2. B Comparative negligence reduces the plaintiff's recovery by their percentage of fault; pure contributory negligence completely bars recovery if the plaintiff has any fault — only a few states still use pure contributory negligence
  3. C Both bar all recovery
  4. D Comparative is for criminal cases

Why this is the answer

These doctrines address situations where the plaintiff was partly at fault for their own injuries. Pure Contributory Negligence: any fault by the plaintiff bars recovery entirely — even if plaintiff is 1% at fault and defendant 99%, plaintiff recovers nothing. Still used in Alabama, Maryland, North Carolina, Virginia, and D.C. — harsh and unpopular. Comparative Negligence: plaintiff's recovery is reduced by their percentage of fault. Pure Comparative (about 13 states): plaintiff can recover even if 99% at fault, but recovery is reduced by their percentage. Modified Comparative (most states): plaintiff can recover only if their fault is below a threshold (usually 50% or 51%), with recovery reduced by their percentage. The doctrine in effect dramatically affects liability claim values. Understanding which doctrine applies in the state of the loss is essential for claims professionals.
Source: NAIC Model Outline, Comparative Fault

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