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 ?
Contents I Introduction and Outline II Common and Distinguishing Features of Negligence and Contributory Negligence III Is It Possible to Apply the Calculus of Negligence to Defendants and Plaintiffs Alike?
In tort, contributory negligence sharply limits a plaintiff s ability to recover if she herself acted negligently.
Proposals to amend the no contribution rule generally preceded proposals to abrogate the contributory negligence bar.
Its subject is contributory negligence: dealing in legal terms with the contribution made by the injured party to the circumstances which caused their injury.
Yet although a consensus rapidly formed in favour of replacing contributory negligence with comparative negligence, supporters of the new rule nevertheless ran into a potential problem: the rule of contributory negligence had been around for hundreds of years and had been repeatedly reaffirmed and elaborated during that time.
This article will first discuss the three different forms of comparative negligence (8): (1) contributory negligence, (9) (2) modified comparative negligence (10) along with its three sub forms, (11) and (3) pure comparative negligence.
Also, Illinois had adopted comparative fault while Virginia still followed contributory negligence. Under contributory negligence, any fault by the plaintiff would bar the plaintiff's entire claim.
The precise capacity or status of the Superintendent in this lawsuit, Judge Ellerin said, "is critically important with respect to the defense of contributory negligence" because it relates to the negligent conduct of a "party "to the action, in this case the Superintendent.
HISTORY: FROM CONTRIBUTORY NEGLIGENCE TO COMPARATIVE NEGLIGENCE DETERMINED IN ONE-ACTION
Global Banking News-May 2, 2013--Court dismisses claim stating 'contributory negligence' by client(C)2013 ENPublishing - http://www.enpublishing.co.uk
contributory negligence, unfairly let defendants who were "at
The judge found "no contributory negligence" on behalf of the Grand Pier Ltd and awarded the company an immediate payment of PS30 million plus interest.