What is Contributory Negligence?
A legal doctrine in which a plaintiff who is found to be even slightly at fault for their own injuries is completely barred from recovering any compensation from the defendant.
Understanding Contributory Negligence
Contributory negligence is considered a harsh rule and has been replaced by comparative negligence in most states. However, a few jurisdictions including Alabama, Maryland, North Carolina, Virginia, and the District of Columbia still follow the contributory negligence rule. In these jurisdictions, even 1% fault on the plaintiff's part can bar recovery entirely.
Examples
- 1Plaintiff barred from recovery for jaywalking when hit by a speeding driver
- 2Injured worker denied compensation for not wearing required safety equipment
- 3Pedestrian who was looking at phone while crossing street denied all damages
Related Terms
Comparative Negligence
A legal doctrine that allows damages to be apportioned based on each party's degree of fault. The plaintiff's recovery may be reduced by their percentage of fault.
Assumption of Risk
A legal defense asserting that the plaintiff knowingly and voluntarily accepted the risks associated with a particular activity and therefore cannot recover damages for resulting injuries.
Last Clear Chance
A legal doctrine that allows a negligent plaintiff to recover damages if the defendant had the last clear opportunity to avoid the accident but failed to do so.
Negligence
The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.
Proximate Cause
The primary or legal cause of an injury that is sufficiently related to the harm to justify holding the defendant responsible, even if other factors also contributed.
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