New York Law (NYLE) Practice Exam

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How is contributory negligence defined in jurisdictions that permit this defense?

As any negligence by the plaintiff that contributes to the harm.
As negligence that is less than the defendant's.
As a total bar to recovery if the plaintiff is at all negligent.
As a partial defense that reduces the recovery amount.

The correct answer is: As a total bar to recovery if the plaintiff is at all negligent.

In jurisdictions that permit contributory negligence as a defense, it is defined in such a way that any level of negligence on the part of the plaintiff can completely bar their recovery for damages. This means that if the plaintiff is found to have contributed to the harm they suffered, no matter how small their contribution may be, they would not be entitled to any compensation. This principle contrasts with comparative negligence, where the plaintiff's recovery is reduced by the percentage of their own fault. In jurisdictions adopting contributory negligence, even a mere showing that the plaintiff was negligent in any way can lead to a total denial of recovery. This rule emphasizes a strict approach to negligence claims and places a significant burden on the plaintiff to prove that they were not negligent at all in order to recover damages.