Group Fitness Instructor

Category - Safety Checks

Which of the following BEST describes comparative negligence?

  1. The plaintiff played some role in the injury
  2. The defendant played some role in the injury
  3. The percentage of fault is measured between the defendant and plaintiff to determine who is most at fault
  4. The plaintiff was aware of risk and voluntarily assumed that risk
Explanation

Answer: C - In comparative negligence, the key concept is comparison: Who was most at fault? The court determines the percentage of responsibility for the plaintiff and defendant and prorates the award, which is a useful procedure if the participant was somewhat to blame for the injuries sustained. By contrast, in contributory negligence, the defendant argues that the plaintiff played some role in sustaining his or her own injury, even if only 1%, thus reducing the defendant’s responsibility. Contributory negligence is often regarded as unfair, because under this doctrine a victim may be denied compensation entirely.

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