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But subsequent sections of the statute did more than repeal the somewhat strict contributory negligence rule.
For decades in Illinois, the defense of contributory negligence could act to bar a plaintiff's negligence claim, even if the plaintiff was only minimally at fault.
There was no intention to injure and the boys had not been deliberately aiming the bark chippings at one another's heads, but at first instance the judge held the duty of care had been breached; rejected a defence of volenti on the grounds that the claimant did not consent to the specific risk of injury to the head, but reduced damages in the agreed sum of [pounds sterling]23,500 by 50% to reflect contributory negligence.
As well, the data show how the old negligence liability system, which relied upon the three judicial defenses of assumption of risk (unspoken ex ante contracts in the form of higher wages in exchange for increased work place risk), fellow servant (coworkers was at fault for harm), and contributory negligence (harm self inflicted) was becoming an increasingly ineffective policy for employers and workers.
In rebuttal, it was argued that anyone who voluntarily rode in an automobile with a driver evidently intoxicated was, in part, responsible for her own mishap--and contributory negligence is generally a legal bar against recovery in a damage suit.
4 was enacted primarily to do away with the absolute defence formerly available in cases of contributory negligence, but the wording is equally apt in relation to the defence now under discussion, to which the added words "fault or" seem to apply with particular force.
This is intended to reflect a sense of contributory negligence.
The cases of beer had been stacked precipitously by store employees and the customer's actions were not seen as contributory negligence.
The defense of comparative or contributory negligence is not available to the defendant because the case is not grounded in negligence.
It also covers discovery, examing the post-crash vehicle, acquiring internal documents, overcoming confidentiality orders, contributory negligence, and strategies to be used against defense tactics.
The percentage negligence figures were crucial, for Wisconsin has modified the classic contributory negligence rule (about which more below) that prohibits recovery by a negligent plaintiff, but only if he is less negligent than the defendant.
The GTP was the victim of its own "thousand blunders" but Leonard provides plenty of evidence suggesting the federal government was at least guilty of contributory negligence.