contributory negligence

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contributory negligence

[kəntrib′yətôr′ē]
a legal term describing a situation in which both the plaintiff and the defendant share in the negligence that caused injury to the plaintiff.
A patient or plaintiff’s conduct while under a physician’s care that falls below that which a reasonable person would exercise for his or her own protection, thereby contributing to the physician’s alleged negligence

contributory negligence

Contributory neglect Malpractice A Pt's or plaintiff's conduct while under a physician's care that falls below that which a reasonable person would exercise for his or her own protection, thereby contributing to the physician's alleged negligence. See Medical malpractice, Negligence, Reasonable person standard.

contributory negligence

a common countersuit to a charge of negligence. For example, it could be alleged that a fatal outcome to a surgical operation on an animal, the basis for a suit alleging negligence, has been contributed to by the owners because they did not seek further assistance until it was too late.
References in periodicals archive ?
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.
109) While the terms "all persons" and "each person" assigned fault might appear, at first glance, to include plaintiffs who are found contributorily negligent, the context of those terms expressly pertains to persons that are found "liable.
Further, the court held that Marlene could not be found contributorily negligent in her decision to choose bilateral mastectomy as opposed to periodic mammograms, which would have involved no disfiguring surgery.
The trial court ruled as a matter of law that the defendant was not negligent and that the plaintiff was contributorily negligent.
The British Columbia Supreme Court found the plaintiff 30% contributorily negligent for her injuries for failing to resolve any uncertainties prior to the jump.
Florida didn't assume the risk, nor was it contributorily negligent," he said.
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.