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negligence defenses contributory negligence and assumption of the risk to win a personal injury lawsuit based on negligence the injured party must prove the elements of negligence the elements are duty bdocHub causation and damage once the elements have been established the question then shifts to whether the defendant may still avoid liability by asserting a negligence defense the most common negligence defenses are contributory negligence comparative negligence and assumption of the risk this video will discuss all three defenses when theyre used and how theyre established contributory negligence when an injury occurs both the defendant and the plaintiff can be at fault for example in a car accident between car a and car b car as driver was speeding and car bs driver was driving under the influence both drivers are engaged in negligent risk creating behavior the negligence on the part of the injured plaintiff is called contributory negligence a plaintiff contributes to his own in