Contributory negligence

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Tort law

Part of the common law series

Intentional torts

Assault · Battery False imprisonment Intentional infliction of emotional distress (IIED)

Property torts

Trespass (land · chattels) Conversion Detinue · Replevin · Trover

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Consent · Necessity Defense of self · of others · of property

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Duty of care · Standard of care Proximate cause · Res ipsa loquitur Calculus of negligence Rescue doctrine · Duty to rescue

Specific types Negligent infliction of emotional distress (NIED) Employment-related · Entrustment Malpractice (legal · medical)

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Public nuisance Rylands v. Fletcher

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Economic torts

Fraud · Tortious interference Conspiracy · Restraint of trade

Liability, defences, remedies

Comparative / contributory negligence Last clear chance · Eggshell skull Vicarious liability · Volenti non fit injuria Ex turpi causa non oritur actio Neutral reportage · Damages Injunction · Torts and conflict of laws

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Portals

Law

v • d • e

Contributory negligence is a common law defense to a claim based on negligence, an action in tort. It applies to cases where a plaintiff has, through his own negligence, contributed to the harm he suffered. For example, a pedestrian crosses a road negligently and is hit by a driver who was driving negligently.

Contributory negligence differs from contribution, which is a claim brought by one tortfeasor against another to recover some or all of the money damages awarded to the plaintiff.

Defense

At common law, contributory negligence is an absolute defense. If a defendant successfully raises the defense, he would not be liable for the tort. An undesirable result may occur when a plaintiff is completely barred from recovery even if his own negligence was slight.

Most jurisdictions in the U.S. have modified the doctrine, either by court decision or by legislation, to comparative negligence. Under comparative negligence, the jury reduces the award to the plaintiff by the extent of the plaintiff's contribution to the harm. In England and Wales, the Law Reform (Contributory Negligence) Act 1945 had a similar effect (the similar, current doctrine being termed Acts of the claimant). Maryland, Alabama, North Carolina, Virginia, and the District of Columbia retain contributory negligence as a complete defense to negligence.

Burden of proof

In some jurisdictions, the defendant has to prove the negligence of a plaintiff or claimant. In others, the burden is on a plaintiff to disprove his own negligence. The tortfeasor may still be held liable if he had the last clear chance to prevent the injury (the last clear chance doctrine).

Availability

Contributory negligence is generally a defense to a tort of negligence. The defense is not available, if the tortfeasor's conduct amounts to malicious or intentional wrongdoing, rather than to ordinary negligence. In England and Wales, it is not a defense to the tort of conversion or trespass to chattels. In the U.S., it is not a defense to any intentional tort.

Culture

"Contributory Negligence" was the title of a circa 1982 poem by Attila the Stockbroker, a performance poet in the U.K. The poem criticized a court decision where a rapist escaped heavy punishment and was ordered to pay only a fine on the ground that the women in some way provoked or contributed to the rape.

See also

• Damages
• Law Reform (Contributory Negligence) Act 1945

External links

• Worldlii links to resources on the subject of damages