Los Angeles Claims Adjuster Property and Causality Practice Exam

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What law allows an injured party to collect damages even when they contributed to their own loss?

  1. Vicarious Liability

  2. Comparative Negligence

  3. Assumption of Risk

  4. Punitive Damages

The correct answer is: Comparative Negligence

Comparative negligence is a legal principle that allows an injured party to recover damages even if they were partially responsible for their own injury or loss. This law acknowledges that multiple parties may share fault in an incident. In a comparative negligence framework, the total damages awarded are often reduced in proportion to the percentage of fault attributed to the injured party. For example, if the court determines that the injured party was 30% at fault, their recovery would be diminished by that percentage. This approach contrasts with other legal doctrines, such as contributory negligence, where any degree of fault on the part of the injured party may bar recovery entirely. Consequently, comparative negligence encourages fairness and accountability by allowing individuals to receive compensation that reflects the shared nature of fault in many accidents.