Paralegal Certification PrepLitigationMedium
A paralegal is preparing for a civil trial in a state that follows the 'pure contributory negligence' rule. The jury finds that the plaintiff was 10% at fault for their injuries and the defendant was 90% at fault. The total damages awarded by the jury are $100,000. How much will the plaintiff recover?
- A$100,000
- B$10,000
- C$0
- D$90,000
Show answer & explanationAnswer & explanation
Correct answer: C. $0
Under the pure contributory negligence rule, if the plaintiff is found to be at all at fault (even 1%), they are completely barred from recovering any damages.
Why the other options are wrong
- A. This would be the full amount, implying the plaintiff had no fault, which is contradicted by the jury finding.
- B. This would be the amount if the plaintiff's recovery was reduced by their 90% fault, which is incorrect for contributory negligence.
- D. This would be the amount if the plaintiff's recovery was reduced by their 10% fault, which is characteristic of comparative negligence, not contributory.
Pure Contributory Negligence
A legal doctrine in tort law where a plaintiff who is found to be even slightly at fault for their own injury is completely barred from recovering any damages from the defendant.
- Any degree of plaintiff fault (e.g., 1%) prevents recovery.
- A harsh rule, adopted by a minority of U.S. states.
- Contrast with comparative negligence, which reduces damages based on fault.
Memory trick: Fault determines how much, or if, you can get.