What is the implication of comparative negligence in strict liability suits?

Prepare for the CAS Data Insurance Series Courses - Insurance Accounting Test with engaging flashcards and multiple choice questions. Each answer is explained to enhance your understanding. Prep efficiently and excel in your exam!

In the context of strict liability suits, the implication of comparative negligence refers to the ability of a defendant to argue that the plaintiff’s own negligence contributed to the harm suffered. When strict liability is imposed, it generally means that a party can be held liable for damages without a need to prove fault, such as negligence.

However, the doctrine of comparative negligence allows for the assessment of responsibility between the parties involved. If a plaintiff contributed to the accident or injury through their own negligence, the court can reduce the damages awarded based on the percentage of fault attributed to the plaintiff. This means that while the strict liability may hold the defendant responsible, the ultimate damages can be adjusted according to the plaintiff's own actions.

This application indicates that comparative negligence serves as a viable defense in strict liability cases, allowing for a more fair resolution based on all parties' actions. Other options do not accurately capture the nuanced relationship between negligence and strict liability. For example, stating that it is the only defense available overlooks other potential defenses in strict liability cases. Similarly, saying it nullifies all other defenses or applies only to non-injury cases misrepresents the broader applicability and context of comparative negligence in this legal framework.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy