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Asked by Julie David on Jun 20, 2024

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Pam and Deb were in a car accident.Deb went through a red light,hitting Pam from the side.Pam was driving 45 miles per hour in a 25-miles-per-hour zone.Pam sues Deb for damages based on negligence.If Pam loses the suit for speeding,which of the following is the most likely reason?

A) The lawsuit was filed in a contributory negligence state.
B) The lawsuit was filed in a comparative negligence state.
C) Pam is uninsured.
D) Pam's accident was seen as res ipsa loquitur.

Contributory Negligence

A legal doctrine under which a party's own negligence contributes to their harm and may limit or bar their recovery for damages.

Comparative Negligence

A principle of tort law that compares the fault of each party involved in an accident and apportions damages accordingly.

Res Ipsa Loquitur

A legal doctrine that infers negligence from the very nature of an accident or injury, in the absence of direct evidence.

  • Grasp the notions of contributory negligence, comparative negligence, and assumption of risk, and how they affect liability and damages.
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RJ
Ryley JohnsonJun 26, 2024
Final Answer :
A
Explanation :
Contributory negligence is the plaintiff's failure to exercise reasonable care for her own safety.In the very limited number of states where it still applies,contributory negligence is a complete defense for the defendant if it was a substantial factor in producing the plaintiff's injury.Thus,the plaintiff will not be able to recover any damages.

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