What is an example of an affirmative defense in negligence cases?

An affirmative defense in negligence cases allows a defendant to argue that the plaintiff is partially or entirely at fault for their own injuries, which can limit or eliminate the defendant's liability. Contributory negligence is a specific type of affirmative defense where the defendant claims that the plaintiff's own negligent actions contributed to the harm they suffered. If the court finds that the plaintiff's negligence played a role in the incident, it may reduce the damages awarded or even bar recovery altogether, depending on the jurisdiction’s rules regarding contributory negligence.

In contrast, intentional tort involves actions taken with intent to cause harm, which is fundamentally different from negligence; negligence pertains to a failure to act with reasonable care, not intentional actions. Assault is also an intentional tort and doesn’t relate directly to negligence principles. Strict liability focuses on holding defendants liable regardless of fault, particularly in cases involving inherently dangerous activities or defective products, and does not include any contributory analysis that would be characteristic of negligence defenses. Thus, contributory negligence stands out as the correct example of an affirmative defense in negligence law.