West Virginia Adjusters Practice Exam

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West Virginia follows the doctrine of:

pure contributory negligence.
pure comparative negligence.
modified comparative negligence.
strict liability.

The correct answer is: pure contributory negligence.

West Virginia follows the doctrine of pure contributory negligence. This means that if a plaintiff is found to have contributed to their own injuries in any way, even just 1%, they will be completely barred from recovering any damages from the defendant. This is a strict standard compared to comparative negligence doctrines. In pure comparative negligence (choice B), the plaintiff can still recover damages proportionate to the defendant's degree of fault, even if the plaintiff is mostly at fault. In modified comparative negligence (choice C), the plaintiff can only recover damages if their fault does not exceed a certain threshold, usually 50% or 51%. Strict liability (choice D) is a different legal principle that holds defendants responsible for certain actions regardless of fault or intent, such as in cases involving defective products.