Los Angeles Claims Adjuster Property and Causality Practice Exam

What type of negligence defense applies when more than one party may share liability for the injury?

1. Assumption of Risk

2. Comparative Negligence

3. Absolute Liability

4. Intervening Cause

The correct answer is: Comparative Negligence

The defense of comparative negligence is relevant when there are multiple parties involved in a negligence case, and it allows for the allocation of fault among them. In a comparative negligence framework, each party’s degree of fault is assessed, and damages awarded are adjusted according to the percentage of negligence attributed to each party. This means that if an injured party is found to be partially at fault for their injuries, their compensation may be reduced by that percentage of fault. Using comparative negligence promotes fairness because it recognizes that various factors and actions from different parties can contribute to the incident in question. By allowing for this shared liability, the legal system acknowledges the complexities of real-life situations where multiple parties may have played a role in causing harm. In contrast, other defenses such as assumption of risk usually involve a situation where the injured party voluntarily accepted the risks associated with a certain activity, making it less applicable in scenarios where multiple parties are involved in causing the injury. Absolute liability pertains to situations where a party is held liable regardless of fault, which is not relevant in cases of shared liability. Finally, an intervening cause refers to an event that occurs after the initial negligent act and contributes to the harm, but it does not directly address the concept of shared liability among multiple parties.