Rhode Island Insurance Adjuster Exam

Which negligence rule is utilized in Rhode Island?

1. Contributory negligence

2. Modified comparative negligence

3. Pure comparative negligence

4. Assumption of risk

The correct answer is: Pure comparative negligence

Rhode Island employs the pure comparative negligence rule when determining liability in negligence cases. Under this rule, a plaintiff can recover damages even if they are found to be partially at fault for the incident in question. The amount of compensation that the plaintiff receives is reduced in proportion to their percentage of fault. For instance, if a plaintiff is deemed to be 30% responsible for an accident, they can still recover 70% of the total damages awarded. This approach allows for a fairer assessment of liability and damages as it recognizes that multiple parties can contribute to an incident in varying degrees. By allowing recovery in cases of partial fault, it seeks to ensure that victims are not completely barred from compensation due to their own negligence. In contrast, other options such as contributory negligence and modified comparative negligence operate under different frameworks that may prevent recovery altogether or impose stricter limits based on the plaintiff's level of fault. Assumption of risk does not pertain directly to the allocation of fault but rather acknowledges that a person knowingly engaged in an activity that carries inherent risks, which can diminish or eliminate liability for injuries sustained. This understanding of pure comparative negligence is crucial for adjusters and other professionals within the insurance industry, as it impacts how claims are evaluated and resolved