In which situation does contributory negligence completely bar recovery?

Prepare for the Torts Bar Exam with an interactive quiz. Utilize comprehensive flashcards and diverse questions, each paired with hints and detailed explanations. Master your understanding and ensure success!

Recovery can be completely barred by contributory negligence when the plaintiff’s negligence contributes to the injury, regardless of the degree of fault. In jurisdictions that follow this strict rule, if the plaintiff is found to have any degree of responsibility for the accident—whether minor or significant—they may be unable to recover any damages from the defendant.

This principle emphasizes the all-or-nothing nature of contributory negligence. If it is established that the plaintiff acted in a way that fell below the standard of care and that this action contributed to the harm they suffered, their claim can be dismissed entirely.

For instance, if a plaintiff was jaywalking and was hit by a car, and the court finds that the jaywalking was a contributing factor to the accident, even if the driver was also negligent, the plaintiff may receive no compensation.

The other scenarios described do not meet the threshold for complete bar of recovery based on contributory negligence. For instance, minor negligence by the plaintiff does not automatically bar recovery; it depends on the laws of the state regarding comparative vs. contributory negligence. Similarly, joint negligence by the defendant does not negate the plaintiff’s own negligent actions, further showcasing how contributory negligence can prevent recovery in these contexts.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy