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contributory negligence |
Also found in: Dictionary/thesaurus, Legal, Financial, Encyclopedia, Wikipedia, Hutchinson | 0.02 sec. |
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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. negligence (neg´lij n the failure to observe, for the protection of another person, the degree of care and vigilance that the circumstances demand, whereby such other person suffers injury. negligence, contributory, n negligence by an injured party that combines as a proximate cause with the negligence of the injurer in producing the injury. May bar recovery or mitigate damages. negligence, imputed, n the principle that places the responsibility for negligence on a person other than the one that was directly negligent. This transfer of responsibility is based on some special relationship of the parties, such as parent and child or principal and agent (e.g., a dental professional may be responsible for the negligence of a dental assistant). 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. 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. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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| Noting the trend, in its circular announcing the current ISO additional insured endorsement last year (CG2010 0704), ISO stated: "Because the phrase 'arising out of' has been interpreted broadly by some courts, we are revising several of the additional insured endorsements to add specific language to provide an additional insured with coverage for their vicarious or contributory negligence only. Should mold occur at any time after construction completion, the developer may claim contributory negligence. The court found that the prisoner's contributory negligence, by failing to tell his unit officer that he was entitled to a bottom bunk, was the proximate cause of his injuries. |
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