Contributory Negligence
Principle of law recognizing that injured persons may have contributed to their own injury. For example, by not observing the ‘Don't Walk' sign at a crosswalk, pedestrians may cause accidents in which they are injured.
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Principle of law recognizing that injured persons may have contributed to their own injury. For example, by not observing the ‘Don't Walk' sign at a crosswalk, pedestrians may cause accidents in which they are injured.
Principle of law recognizing that injured persons may have contributed to their own injury. For example, by not observing the "Don't Walk'' sign at a crosswalk, pedestrians may cause accidents in which they are injured.
Negligence by an injured party that combines as a proximate cause with the negligence of the injurer in producing the injury. May bar recovery or mitigate damages.
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A common countersuit to a charge of negligence. For example, it could be alleged that a fatal outcome to a surgical operation on an animal, the basis for a suit alleging negligence, has been contributed to by the owners because they did not seek further assistance until it was too late.
Contributory negligence is a common law defense to a claim based on negligence, an action in
At common law, contributory negligence was originally an absolute defense. If a defendant successfully raised the defense, he would be able to avoid liability for the tort completely. This could lead to injustice where the negligence of a plaintiff or claimant was slight. The defense of contributory negligence would prevent them from recovering any damages at all.
Most jurisdictions in the United States have modified the doctrine, either by court decision or by legislation and have accordingly changed the name to comparative negligence wherein, rather than awarding no damages at all, the jury reduces the compensation to be awarded by a percentage reflecting the degree to which the plaintiff's negligence contributed to cause the damages. Maryland, Alabama, North Carolina, Virginia, and the District of Columbia retain contributory negligence as a complete defense to negligence. In England and Wales, the Law Reform (Contributory Negligence) Act 1945 had a similar effect (the similar, current doctine being termed Acts of the claimant).
In some jurisdictions the defendant has to prove the negligence of the plaintiff or claimant; in others the burden is on the plaintiff or claimant to disprove their 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).
Contributory negligence is generally a defence to tort claims arising out of negligence of the defendant. In contrast, where the defendant's conduct amounts to malicious or intentional wrongdoing as opposed to ordinary negligence the defence does not apply. In England and Wales it is not a defence to the torts of conversion or trespass to goods and in the US it is not a defense to any intentional tort.
"Contributory Negligence" was the title and subject of a circa 1982 poem by Attila the Stockbroker, a UK performance poet, protesting at the mere fine given to a rapist after the high court judge determined that the women concerned in some way provoked or contributed to the rape.
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