AutoWorld, an automobile manufacturer, produces a car with a hidden defect. Susan purchases the car from an automobile dealer. Susan is later injured in an automobile accident in which the defect is found to be 75 percent responsible for the accident, and Susan's reckless driving is found to be 25 percent responsible. Susan sues AutoWorld to recover damages for the injuries caused by the accident. Which tort defense would completely prevent Susan's recovery of damages from AutoWorld?

Question

Social Studies

Liliana Mann

15 August, 00:16

AutoWorld, an automobile manufacturer, produces a car with a hidden defect. Susan purchases the car from an automobile dealer. Susan is later injured in an automobile accident in which the defect is found to be 75 percent responsible for the accident, and Susan's reckless driving is found to be 25 percent responsible. Susan sues AutoWorld to recover damages for the injuries caused by the accident. Which tort defense would completely prevent Susan's recovery of damages from AutoWorld?

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Answers (1)

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Delilah · Answer 1

Answer: comparative negligence

Explanation:

What is comparative negligence?

Comparative negligence is a comparison section that deals with a strict liability which considers that if the plaintiff was at fault due to their negligence they are also liable for half of the damage payment or all of it, depending on whether the impact was completely their fault or if there was some other aspects that contributed to what happened.

If the plaintiff had their share of negligence in causing a particular damage the payment to the damage will be divided accordingly amongst the plaintiff and the defendant.

How much a plaintiff contributed to the damage and how much the defendant contributed will determine how much each part will pay towards that damage.