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contributory negligence |
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contributory negligence A legal theory of negligence followed in some states (often called “contrib.” for short). Under this theory, if someone was guilty of negligence that caused injury to another person, but the injured person was also negligent in any manner at all that contributed to his or her injuries,then there will be no recovery. Example: If a contractor built a deck with supports in the soil instead of in concrete, the contractor would be guilty of negligence. If the homeowner routinely left a hose dripping at the base of one of the supports, leaching out the soil and rotting the wood, the homeowner would also be guilty of negligence. If the deck collapsed, then in a contributory negligence state the home- owner would not be allowed to recover any damages at all from the contractor. In a comparative negligence state, the homeowner's recovery would be reduced, but not eliminated. 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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As a result -- and conceivably without any real fault on the plaintiff -- the insurance company may claim the plaintiff is contributorily negligent and thus barred from making any recovery, and refuse to pay voluntarily. The dissenting judge disagreed with the majority's conclusion that the patient failed to establish that the hospital had breached a duty owed to the patient and that the patient was contributorily negligent. The court found that in this case, the defendants' claim that the evidence regarding the patient's methamphetamine use should have been admitted to establish that he was contributorily negligent in causing his heart attack. |
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