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.

References in periodicals archive ?
56) Is the phrase "each person causing or contributing to the total liability" (57) intended to apply to all parties, including contributorily negligent plaintiffs, or only to liable defendants that are otherwise jointly and severally responsible for the judgment?
It also found Marlene contributorily negligent, apparently for allegedly failing to provide a complete and "truthful" family history and in allegedly failing to seek a second opinion concerning her options.
Again, unlike the majority, the dissenting judge had serious reservations as to whether the patient was, in fact, contributorily negligent, noting that during the course of her treatment at the hospital her husband, who had inflicted bodily harm upon her, was never too far from her.
An individual must exercise reasonable care in icy conditions in order to avoid being found contributorily negligent and having his or her damage award reduced proportionately.
The court ruled that the jury was properly instructed that as a matter of law the patient was not contributorily negligent.
A surprising number of cases have found the injured party contributorily negligent for the injuries sustained as a result of a snow or ice induced slip and fall.
23) In those instances, the court would then rule as a matter of law that the child was not contributorily negligent.