contributory negligence


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Related to contributory negligence: comparative negligence

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 ?
The big change, and the goal of the Court, was to permit a negligent plaintiff to obtain some remedy, albeit reduced, whereas the contributory negligence bar would permit none.
55) The plaintiffs damage award is reduced in proportion to her contributory negligence.
In 1974, the Kansas legislature officially replaced contributory negligence with comparative negligence with the passage of section 60-25 8a.
of risk defense along with contributory negligence and to have merged
Second, where liability has been established, the defense of contributory negligence remains available to the defendant.
3) In contributory negligence jurisdictions, (4) this is reasonable: Paula's entrustment claim adds nothing once Ernie's employer admits that it is liable for Ernie's negligence.
In order for the defense to successfully plead contributory negligence, there must be a showing that the plaintiff had acted without reasonable regard for his or her own safety.
3) The conflicting arguments presented in Robinson on behalf of the plaintiff and the defendant saloon exposed, in a practical way that affected the interests of the parties, an arguable shortcoming of CPLR Article 16; namely whether, in performing the calculus of CPLR 1601, the percentage of contributory negligence assessed against the plaintiff is to be included within, or deducted from, the total assigned liability in cases such as Robinson, where the application of Article 16 limitations of liability hang in the balance.
The abolition of Illinois common law contributory negligence
Award of compensation will depend on the nature of the accident, negligence or contributory negligence if any from your side and several other factors.
The "Daily Tribune" article states that the State of Gould currently recognizes contributory negligence as a defense.
The trust accepted partial responsibility in this case with a discount on the damages due to Jacqueline Crowe as a result of contributory negligence.