Asked by Kelley Mcbride on Jul 18, 2024
Verified
Some defense lawyers argue that if a plaintiff involved in a car accident failed to wear her seat belt,that failure constitutes ________.
A) criminal negligence
B) criminal recklessness
C) scienter
D) contributory negligence
E) intentional infliction of bodily harm
Contributory Negligence
A legal doctrine that may limit or bar recovery in a lawsuit if the plaintiff also contributed to the harm they suffered.
Seat Belt
A safety device in vehicles designed to secure the occupant against harmful movement that may result during a collision or a sudden stop.
- Comprehend how the assumption of risk is applied and its consequences on claims of negligence.
Verified Answer
YF
Yordan FandoJul 18, 2024
Final Answer :
D
Explanation :
Contributory negligence applies in cases in which both the defendant and the plaintiff were negligent.The defendant must prove that a)the plaintiff's conduct fell below the standard of care needed to prevent unreasonable risk of harm and b)the plaintiff's failure was a contributing cause of the plaintiff's injury.Some defense lawyers argue that if a plaintiff involved in a car accident failed to wear her seat belt,that failure constitutes contributory negligence.
Learning Objectives
- Comprehend how the assumption of risk is applied and its consequences on claims of negligence.
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