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A defense whereby the defendant is not liable for the percentage of harm that he or she can prove is due to the plaintiff’s own negligence is known as _____.

User Muek
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Answer: Contributory negligence is a complete defense against a tort case which is based on a negligence claim. The defendant would have to prove that the plaintiff contributed to its own injuries or damage in the case. If proven, the plaintiff is totally barred from any type of recovery. As this type of defense can be very unfair. Most jurisdictions use comparative negligence where only the plaintiff’s actual percentage of fault is subtracted from the damages the plaintiff can recover from the defendant.

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