What are some common defenses to a claim of negligence?

The correct answer includes a range of defenses widely recognized in negligence claims: assumption of risk, contributory negligence, and comparative negligence.

Assumption of risk refers to the idea that a person may not hold another liable for negligence if they voluntarily engaged in an activity knowing the risks involved. For example, if someone chooses to participate in a contact sport, they cannot later claim negligence if they are injured, as they assumed the risks associated with that sport.

Contributory negligence involves a situation where the plaintiff's own negligence contributed to the harm they suffered. In jurisdictions that recognize this defense, if the plaintiff is found to have contributed even a small percentage to the cause of the accident, they may be barred from recovering any damages.

Comparative negligence is similar but allows for the possibility that the plaintiff can recover damages reduced by their degree of fault. For instance, if a plaintiff is found to be 30% responsible for their injury, they can still potentially recover 70% of their damages.

These defenses are essential parts of negligence law because they help to allocate responsibility and ensure that liability is fairly assigned, depending on the actions of all parties involved. Understanding these terms and their applications can significantly affect the outcomes of negligence cases.