California Private Investigator Practice Exam

Which type of negligence considers the plaintiff's responsibility in an injury case?

1. Contributory negligence

2. Comparative negligence

3. Gross negligence

4. Negligent infliction of emotional distress

The correct answer is: Comparative negligence

The correct answer is comparative negligence because this legal concept allows for the determination of fault and damages to be divided between the plaintiff and defendant based on their respective levels of responsibility for the injury or harm incurred. In cases where both parties share some degree of negligence, comparative negligence assigns a percentage of fault to each party, thereby influencing the amount of damages awarded to the plaintiff. For example, if a plaintiff is found to be partially at fault for their own injuries, their compensation might be reduced in proportion to their level of negligence. This allows for a more equitable outcome, reflecting the shared responsibility for the incident. Contributory negligence also involves the plaintiff's responsibility but typically operates on a stricter standard where any fault on the plaintiff's part can bar recovery entirely. Gross negligence is a more extreme form of negligence that signifies a severe lack of care but does not inherently involve the concept of shared responsibility. Negligent infliction of emotional distress pertains to the psychological damages arising from someone else's negligent behavior rather than addressing shared fault in a physical injury case.