South Carolina Personal Lines Practice Exam

In contributory negligence, what must the injured party establish?

1. That there was no fault on their part

2. That the fault was shared equally

3. That they were entirely responsible

4. That they acted with reasonable care

The correct answer is: That there was no fault on their part

In contributory negligence, the injured party must establish that there was no fault on their part in contributing to the accident or injury. This legal doctrine asserts that if the injured party is found to have any degree of negligence contributing to the incident, they may be barred from recovering any damages in a personal injury claim. By demonstrating that they acted with reasonable care and did not contribute to the incident, the injured party provides a basis for pursuing compensation. This principle is critical in jurisdictions that follow contributory negligence, as even a small fraction of fault can negate the ability to seek damages. The other responses do not align with the principles of contributory negligence. Establishing that fault was shared equally or that they were entirely responsible contradicts the concept of seeking damages due to another party's negligence. Asserting that they acted with reasonable care alone does not suffice; the party must also show there was no fault on their part at all.