The negligence of a person which, while not being the primary cause of a tort, nevertheless combined with the act or omission of the primary defendant to cause the tort, and without which the tort would not have occurred.
Where a person has suffered a loss as a result of another person's negligence but where that person's own negligence has contributed to or caused the loss• Motor Vehicles
Carelessness on the part of the injured person that contributed to the accident.
The rule of law under which an act or omission of plaintiff is a contributing cause of injury and a bar to recovery.
A complete defense to negligence when the defendant’s behavior causes an omission or neglect of reasonable precaution, care, or action, which is a proximate cause of his/her injury. Some states use this standard but most rely on the defense of comparative negligence.
the negligence of the injured party which is recognized as conduct which contributed to the loss
The plaintiff or claimant, by not exercising ordinary care, contributed to the injury. In some states, a plaintiff’s contributory negligence will bar the plaintiff from recovering damages. Replaced by comparative negligence in Washington in 1981; see RCW 4.22.005. Class
A doctrine which prohibits recovery of damages by a plaintiff whose own behavior contributed even slightly to the event which caused the plaintiff's injuries - as distinguished from comparative negligence.
(law) behavior by the plaintiff that contributes to the harm resulting from the defendant's negligence; in common law any degree of contributory negligence would bar the plaintiff from collecting damages
a complete defense in Virginia
Is an aspect of personal injury law which prohibits an injured party from collecting any damages if she or he was even partially at fault in causing an accident.
A common law defense against negligence which states that if an individual contributes to his or her own loss, then someone else cannot be held liable for the loss. Contributory negligence encompasses the lack of ordinary care on the part of the person's injured, which combined with the defendant's negligence, contributed to the injury as a proximate cause.
If an injured party fails to exercise proper care and in some way contributes to his injury, the doctrine of contributory negligence will probably negate or defeat his claim, even though the other party is also negligent. (14/29)
A common law defense in which the plaintiff must be entirely free from fault in order to recover from a negligent defendant. If the plaintiff has in any way been guilty of neglect, the plaintiff cannot recover from the defendant. This principle has been modified in some states by legislation and interpretation by the courts.
partial responsibility of a claimant for the personal injury for which he/she may have made an accident compensation claim.
Common law defense against negligence that states that if an individual contributes to his or to her own loss in any way, then someone else cannot be held liable for the loss.
A defense argument that the plaintiff did not exercise sufficient care and that this contributed to his injury.
Where it is found that the plaintiff contributed to their own loss or injury. Examples are failing to wear a seatbelt or helmet. Damages are apportioned in accordance with the percentage of blame attributed to the plaintiff’s actions or omission.
Carelessness of the injured person that helped cause the accident in which he or she was injured. Some states bar recovery to the plaintiff if the plaintiff was contributorily negligent.
Until 1945 it was a complete defence to a claim of negligence that the claimant was himself to blame, even slightly, for the loss or damage he suffered. As a result, a person who was badly and obviously wronged could end up losing out completely in bringing a claim. The Law Reform (Contributory Negligence) Act (1945) eliminates the defence of contributory negligence, and in its place gives the courts the power to reduce the award of damages in proportion to the claimant's share of the blame. For example in cases where no seat belt is worn by a person suffering facial injuries in a car accident, the courts have the power to reduce damages by up to 25%. This is known as contributory negligence.
Negligence of the damaged person that helped to cause the accident. Some states bar recovery to the plaintiff if the plaintiff was contributorily negligent to any extent. Others apply comparative negligence.
Broadly, carelessness on the plaintiff's part. More precisely, conduct which falls below the standard of care established by law for the protection of one's self against unreasonable risk of harm.
A defense to a negligence action in which it is asserted that the claimant failed to meet the standard required for his or her own protection, and that that failure contributed to the loss.
A method of assessing negligence in an accident case which denies damages to any party whose negligence contributed the accident in any way. Contributory negligence may be unfair and juries sometimes ignore it.
Can prevent a person from collecting any monies to compensate for injuries suffered, even if that person's carelessness was minor. Alabama, North Carolina, South Carolina, Tennessee, Virginia, Maryland and the District of Columbia, have statutes that bar you from compensation if your own carelessness substantially contributed to the accident.
Partial guilt or negligence in a civil lawsuit where both parties are to blame.
A defence in an action for damages for injuries arising from the defendant's negligence (q.v.). The defendant attempts to prove that the plaintiff's own negligence caused or contributed to the injuries suffered. See ACCIDENTS AND INJURIES.
negligence partly caused by the Claimant and partly by the Defendant, which results in harm to the Claimant
This refers to cases where both drivers may be partly to blame for a collision. If you were driving, and a court found you partly to blame, the court would reduce the value of your claim by the percentage of blame attributed to you.
A principal of law recognising that injured persons may have contributed to their own injury. For example, by agreeing to be a passenger in a car being driven by someone that you know to be drunk. If you are subsequently injured you may be said to have been contributorily negligent.
Your own carelessness contributing to the damage done to you or your property. When someone suffers damage or injury their claim for damages may be limited if they have contributed to the harm done through their own carelessness.
if a person is deemed to have contributed to their own injury then, even if a third party can be blamed for the injury, the person's own acts will be held to be partly responsible and may affect the level of damages a person would receive were the matter to proceed to court.
A defense to negligence, which points out that the plaintiff's negligence contributed to his or her injuries. Contributory negligence is an absolute bar to the plaintiff's recovery against the defendant.
The failure by a claimant to take reasonable care for his own safety when, if had done so, the injury of which he complains would not have happened or would have been less serious. If a claimant is found to have been partly to blame, his damages are likely to be reduced in proportion.
Legal doctrine that says if plaintiff in a civil action for negligence was also negligent, he/she cannot recover damages from defendant for defendant's negligence. Most jurisdictions have abandoned this doctrine in favor of comparative negligence.
The lack of ordinary care on the part of an insured person, which combined with the defendant's negligence and contributed the injury as a proximate cause. In some jurisdictions, contributory negligence on the part of an injured party will defeat his or her claim.
A legal doctrine, now modified in most jurisdictions, that any negligence on the part of the plaintiff/victim will bar civil lawsuits against defendant/perpetrator.
an act or omission by the plaintiff amounting to a failure to use the normal degree of care under a set of circumstances which, in combination with a defendant's negligence, is the direct cause of the plaintiff's injury; contributing to the injury.
Partial responsibility for an accident, whereby the Claimant’s damages are reduced to reflect the degree of his/her negligence, in relation to that accident.
Contributory negligence is an old law that says if you had any part in the cause of your injuries, you are unable to recover any compensation from the defendant.
A finding by a Judge in civil claim that the Claimant was partly to blame for the accident. If this finding is made the judge will reduce, on a percentage basis the amount of compensation payable. This argument can be raised by the Defendants Solicitors in the Defence.
Many accidents are the fault of both parties who are involved in the occurrence. The plaintiff who sues another party for damages also may be guilty of some negligence, which is a concurrent cause of the damage. Such a party is guilty of contributory negligence.
A "law" of principle that states a person may have contributed to their own injury.
Partial responsibility for one's own injury or damage.
Contributory negligence is a common law defence to a claim or action in tort. It applies to a situation where a plaintiff or claimant has, through their own negligence, caused or contributed to the injury they suffered from a tort. An example might be a situation in which a pedestrian crosses a road carelessly and is hit by a driver who is also driving carelessly.