California Private Investigator Practice Exam

What type of negligence is based on the percentage of the plaintiff's responsibility for their injury?

1. Contributory negligence

2. Comparative negligence

3. Gross negligence

4. Negligence per se

The correct answer is: Comparative negligence

Comparative negligence refers to a legal doctrine that allocates damages based on the degree of fault assigned to each party involved in an incident. In this framework, a plaintiff's compensation for their injuries is reduced in proportion to their own percentage of responsibility for the accident. For example, if a plaintiff is found to be 30% responsible for their injuries, they would only be eligible to recover 70% of the total damages awarded. This concept contrasts with contributory negligence, where a plaintiff could be barred from recovery entirely if they were found to have any responsibility for the injury. Gross negligence entails a severe lack of care that constitutes a reckless disregard for the safety of others, while negligence per se involves violations of statutes or regulations that lead to injury. Therefore, in the context of how damages are adjusted based on a plaintiff's level of fault, comparative negligence is the correct answer.