1.   In most states, courts hold that very young children are incapable of contributory negligence.

2.   If Brian sued John for negligence he could be met with the defences of volenti non fit injuria and contributory negligence.

3.   Brian would have his damages reduced for contributory negligence in riding with a driver who he knew was drunk and in failing to wear a seat belt.

4.   If contributory negligence is established, the modern position is that the plaintiff will have his damages reduced by the court in proportion to his fault.

5.   Contributory negligence operated as a complete defence.

6.   The plaintiff was therefore guilty of contributory negligence and could recover nothing.