Practice question
A claimant was injured solely because the claimant’s own negligence was the immediate and proximate cause. The defendant’s alleged negligence is not established as a causal factor. The claimant invokes the contributory-negligence mitigation rule to demand at least some award. Which is correct?
- The first paragraph’s bar cannot be replaced by mitigation on these stipulated facts
- Mitigation guarantees an award for every self-caused accident
- Any injury proves defendant fault
- The claimant may choose which causal finding governs
- Solidarity always creates a defendant even without liability
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1172–1174,2178–2179,2194.
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