Practice question
A bus driver negligently speeds and causes a crash. A passenger's failure to use an available handhold contributes to the severity of injury, but the carrier's negligence is established as the proximate cause. The carrier argues any contributory fault bars every recovery. Which is correct?
- Recovery is not barred on the stipulated facts, but damages are equitably reduced
- Any contributory fault always bars recovery
- Contributory negligence requires increasing damages automatically
- The passenger receives every amount demanded without proof
- The carrier's negligence becomes legally irrelevant
Legal references
- Civil Code, Article 1762: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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