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Contributory Negligence




Contributory Negligence Definition

Legal Definition of Contributory Negligence

Contributory negligence is a legal doctrine in tort law that can act as a complete bar to a plaintiff’s ability to recover damages in a negligence lawsuit if it is found that the plaintiff’s own negligence contributed to the harm suffered. This principle holds that if the plaintiff was in any way negligent and contributed to their own injury, they cannot recover damages from any other party, even if that party was also negligent. The concept of contributory negligence is often compared and contrasted with the doctrine of comparative negligence, which allows for a more proportionate allocation of damages based on the degree of fault.

Under the doctrine of contributory negligence, even a minimal amount of negligence on the part of the plaintiff can prevent recovery. For example, if a pedestrian is jaywalking and is struck by a driver who was speeding, the pedestrian may be barred from recovering damages for their injuries if they are found to have contributed to the accident by not crossing at a crosswalk.

The harshness of the contributory negligence rule has led many jurisdictions to adopt the more equitable doctrine of comparative negligence, which reduces the plaintiff’s recovery by a percentage equal to their degree of fault rather than barring recovery entirely. However, several jurisdictions still adhere to the traditional contributory negligence rule, particularly in certain types of cases or specific contexts.

In cases where contributory negligence is asserted as a defense, the burden of proof lies with the defendant. The defendant must demonstrate that the plaintiff failed to exercise reasonable care for their own safety and that this failure was a contributing factor to the harm suffered. If the defendant successfully proves contributory negligence, the plaintiff’s claim for damages will be completely denied.

Contributory negligence can apply in various types of cases, including automobile accidents, slip and fall cases, and medical malpractice, among others. The applicability and impact of contributory negligence depend on the specific facts of each case and the laws of the jurisdiction in which the case is brought.

It is important to note that some jurisdictions have modified the contributory negligence doctrine to allow for some recovery by the plaintiff in certain circumstances, such as in cases where the defendant’s actions were particularly egregious or if the plaintiff’s negligence was very slight.

In summary, contributory negligence is a legal doctrine that can completely bar a plaintiff from recovering damages in a negligence case if the plaintiff is found to be even slightly negligent. While it has been replaced by comparative negligence in many jurisdictions due to its often harsh results, contributory negligence still plays a role in the legal systems of some areas.


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