contributory negligence


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Related to contributory negligence: comparative negligence

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 ?
If it reduced the plaintiff's fault, it would undermine the jury s determination of the plaintiffs contributory negligence in the first action.
In Alvis v Ribar, (1) the Illinois Supreme Court abolished the doctrine of common law contributory negligence and adopted modern principles of comparative fault (2) The "type" of comparative fault adopted by the Illinois Supreme Court in Alvis is often referred to as a "pure" comparative fault in that a defendant is liable to the plaintiff to the extent of its percentage of fault regardless of whether the plaintiff is greater than 50% at fault.
Damages of 27,500 [pounds sterling] were awarded, subject to a deduction of 50% to reflect the injured party's contributory negligence.
79) Voir, pour une formulation typique, The Contributory Negligence Act, R.
Returning to original notions of causation, contributory negligence, and joint liability are what I have in mind.
Contributory negligence points to everybody and says if you participated in creating the accident, you're not entitled to anything.
In those few states that continue to recognize contributory negligence, this defense prevents a plaintiff from recovering any damages if even slightly at fault.
1989) found that comparative negligence states have higher loss costs than contributory negligence states because plaintiffs are able to recover when partially at fault.
In September of 2013, when a plaintiff did not properly take care of his own health, under Maryland's contributory negligence law a defense verdict was reached.
In legal terms, all cyclists should note that if they are involved in an accident, contributory negligence (meaning that an accident victim could be partly at fault for their injury) is increasingly being taken into consideration by insurance firms and judges if a cyclist was riding without a helmet when the accident occurred.
The School alleged that part of the damages claimed were the result of Juan's contributory negligence.
Consequently, the court ruled that summary judgment on this issue or any issue relating to Victor's contributory negligence for causing his mother's death was not authorized by the evidence.