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contributory negligence |
Also found in: Dictionary/thesaurus, Medical, Financial, Encyclopedia, Wikipedia, Hutchinson | 0.01 sec. |
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contributory negligence n. a doctrine of common law that if a person was injured in part due to his/her own negligence (his/her negligence "contributed" to the accident), the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the accident. Under this rule, a badly injured person who was only slightly negligent could not win in court against a very negligent defendant. If Joe Tosspot were driving drunk and speeding and Angela Comfort were going 25 m.p.h. but six inches over the center-line, most likely Angela would be precluded from any recovery (receiving any money for injuries or damages) from a car crash. The possible unfair results have led some juries to ignore the rule and, in the past few decades, most states have adopted a comparative negligence test in which the relative percentages of negligence by each person are used to determine damage recovery (how much money would be paid to the injured person.) (See: negligence, comparative negligence) How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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Noting the trend, in its circular announcing the current ISO additional insured endorsement last year (CG2010 0704), ISO stated: "Because the phrase 'arising out of' has been interpreted broadly by some courts, we are revising several of the additional insured endorsements to add specific language to provide an additional insured with coverage for their vicarious or contributory negligence only. Should mold occur at any time after construction completion, the developer may claim contributory negligence. The court found that the prisoner's contributory negligence, by failing to tell his unit officer that he was entitled to a bottom bunk, was the proximate cause of his injuries. |
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