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To win a personal injury lawsuit based on negligence, the injured party must prove the elements of duty, breach, causation, and damage. Once established, the defendant may evade liability by asserting a negligence defense. Common defenses include contributory negligence, comparative negligence, and assumption of the risk. This video discusses these three defenses, their usage, and establishment. Contributory negligence occurs when both the defendant and plaintiff share fault, such as in a car accident where one driver is speeding and the other is driving under the influence. This shared negligence on the part of the injured plaintiff is referred to as contributory negligence, indicating their contribution to their own injury.