Question

Careful Carissa is singing the Karen Carpenter hit Close to You as she drives down First Avenue. She is driving under the speed limit, with both hands on the wheel. She is hitting the high notes in the song, shouting "Waa, ah ah ah ah…close to you…" when she is struck from the side by a large truck driven by an extremely inebriated ex-felon. Under which tort law is Carissa likely barred from recovery?

Answer 1

Answer:

Contributory negligence.

Explanation:

Under the theory of contributory negligence, a person is prohibited from recovering damages for an injury if his own negligence contributed to the injury. Recovery is blocked even if a person was solely responsible for the injury. That is, if it is proven that because of the music and singing, Carissa, was responsible for at least 1% of her accident, she will have the recovery prevented from being released, because even though he was hit by a criminal, she contributed with the accident.