contributory negligence


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Related to contributory negligence: comparative negligence

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)

contributory negligence

lack of care by a plaintiff for his own safety. (In the USA the term comparative negligence is sometimes used.) Before the Law Reform (Contributory Negligence) Act 1945, negligence on the part of the party suing was a complete defence, however insignificant it was in the whole picture. The Act allowed a proportion of the damages to be reduced to reflect the plaintiff's fault. Children can be held to be contributorily negligent.
References in periodicals archive ?
a) The contributory negligence of any party in a civil action shall not bar such party or such party's legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if such party's negligence was less than the causal negligence of the party or parties against whom claim for recovery is made, but the award of damages to any party in such action shall be diminished in proportion to the amount of negligence attributed to such party.
The abolition of Illinois common law contributory negligence
The Lorio court examined the case law as it existed under Illinois's contributory negligence scheme and opined that the Illinois Supreme Court would hold differently now that Illinois was a comparative fault state.
While the legal relationships between the parties in multiple defendant cases developed, the all-or-nothing approach of contributory negligence receded into a minority view and was supplanted by comparative fault, which allows liability to be apportioned between a tortfeasor and an injured party.
On appeal, the Court of Appeal held that the duty of care had not been breached at all and, consequently, that neither volenti nor contributory negligence had a role to play.
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.
Contributory negligence -- this is where you can show that the plaintiff was also negligent, and contributed to his or her own injury or damage.
Should mold occur at any time after construction completion, the developer may claim contributory negligence.
Bear in mind, there may be a question of contributory negligence if you already knew of the faulty stone and did not take care.
Crier opines that assumption of risk and contributory negligence should be restored and used liberally by judges, while joint and several liability and contingency fees should be proscribed.
Other efficient care-based rules include strict liability plus contributory negligence, negligence plus contributory negligence, and comparative negligence.