"Put simply, just as a reasonable fact-finder could find that a client who had been advised by a lawyer as to a particular legal issue is not contributorily negligent
by failing to seek the advice of a second lawyer or by failing to read case law himself, so too a reasonable fact-finder could find that plaintiffs acted reasonably in failing to seek a second opinion and in failing to conduct independent research as to their distribution options," Judge James A.
Thus, the only question to which the calculus of negligence could be directed (unless we are to conclude out-of-hand that the plaintiff was contributorily negligent
) is to the narrower, somewhat artificial question of whether a reasonable person would have paid greater attention in the circumstances--that is, whether it was negligent to be absent-minded.
(60) As noted above, the jury found the saloon 50% liable, the individual defendants 45% liable without apportioning liability between them, and the plaintiff 5% contributorily negligent
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.
The court ruled that the jury was properly instructed that as a matter of law the patient was not contributorily negligent
The jury, following two hours of deliberations, found Newland was not contributorily negligent
, according to her lawyer, a defense that deprives the plaintiff of the right to any recovery in Maryland.
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.
A determination is most often made by a jury after being given the proper instruction stating the child's specific standard of care exercised by children of the same age, judgment, and experience,(22) unless the child is so very young or inexperienced that reasonable minds could not differ on the issue of the child's capacity for fault.(23) In those instances, the court would then rule as a matter of law that the child was not contributorily negligent
. This standard calls for a fact-specific inquiry into each case.
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.
"Florida didn't assume the risk, nor was it contributorily negligent
," he said.
The British Columbia Supreme Court found the plaintiff 30% contributorily negligent
for her injuries for failing to resolve any uncertainties prior to the jump.
Where a plaintiff has been found contributorily negligent
, the amount of damages that the plaintiff can claim from the defendant will be reduced in proportion to the degree to which the plaintiff is held responsible for his own injuries.