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 ?
It also wanted to permit juries to "do justice" for negligent plaintiffs without having to ignore contributory negligence in order to return "dishonest" verdicts for them.
The varying schemes of comparative negligence have their roots in the English common law doctrine of contributory negligence.
a) The contributory negligence of any party in a civil action shall not bar such party or such party's legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if such party's negligence was less than the causal negligence of the party or parties against whom claim for recovery is made, but the award of damages to any party in such action shall be diminished in proportion to the amount of negligence attributed to such party.
Court refused to adopt the contributory negligence regime in admiralty
Another complex task is to determine the scope of liability in cases where the harm was caused by the negligence of a fellow employee, (33) and when the employee was guilty of contributory negligence.
It is based upon principles of contributory negligence that do not apply in jurisdictions that have adopted some form of comparative fault.
However, the defense of contributory negligence is not always successful.
6) Uncertainty over a plaintiffs potential contributory negligence was undoubtedly a factor leading to the settlement of cases prior to trial, as plaintiffs might otherwise risk receipt of any monetary compensation for claimed losses absent a solid case of liability in their favor.
For decades in Illinois, the defense of contributory negligence could act to bar a plaintiff's negligence claim, even if the plaintiff was only minimally at fault.
The degree of contributory negligence on Gunter's part is not relevant.
In particular, the case note analyses the High Court's emphasis on obvious risks and personal responsibility and the Court's attempt to limit liability through a consideration of the plaintiff's conduct on questions of the scope of the duty of care and at the breach of duty enquiry, rather than confining it to the issue of the plaintiff's contributory negligence.
Turk is guilty of contributory negligence and that any recovered damages should reflect that.