contributory negligence

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Definition
  1. Noun:
    • A legal doctrine in tort law: "Contributory negligence" refers to a situation where a plaintiff's own failure to exercise reasonable care for their safety contributes to the harm they suffer from the defendant's negligence.
    • A complete bar to recovery: Under the traditional common law rule, any degree of contributory negligence by the plaintiff, no matter how slight, completely prevents the plaintiff from recovering any damages from the defendant.
Usage
  • In legal contexts: This term is used almost exclusively in legal discussions, court opinions, and insurance claims to describe a specific defense against liability.
  • As a subject or object: It functions as a noun phrase, typically used as the subject of a sentence (e.g., "Contributory negligence was found...") or the object of a preposition (e.g., "a defense of contributory negligence").
Examples
  • Noun:
    • The jury found contributory negligence because the pedestrian was jaywalking when hit by the car.
    • The old rule of contributory negligence is considered harsh, as it bars recovery even if the plaintiff was only 1% at fault.
    • The defense attorney argued for contributory negligence, stating the injured party was not wearing a safety helmet.
Advanced Usage
  • "Doctrine of contributory negligence": The full name of the legal principle.
    • The doctrine of contributory negligence has been replaced by comparative negligence in most jurisdictions.
  • "To plead/assert/claim contributory negligence": Legal phrases used when a defendant formally raises this defense.
    • The company's lawyers will likely plead contributory negligence in the lawsuit.
Variants and Related Words
  • Comparative negligence (n): A modern legal doctrine that apportions damages based on the percentage of fault of each party, rather than completely barring recovery. This is often contrasted with contributory negligence.
    • Most states have now adopted comparative negligence instead of the all-or-nothing rule.
  • Negligence (n): The failure to exercise the care that a reasonably prudent person would exercise in like circumstances, which is the foundational concept.
  • Plaintiff (n): The party who initiates a lawsuit, seeking a legal remedy.
  • Defendant (n): The party against whom a lawsuit is brought.
Synonyms
  • Fault of the plaintiff: A more general descriptive phrase.
  • Plaintiff's negligence: A straightforward alternative description.
Notes on Different Meanings
  • This term has a highly specific, technical meaning in law. It does not have a general, everyday usage outside of legal contexts. It should not be confused with simple carelessness; it refers specifically to carelessness that legally contributes to one's own injury in the context of a lawsuit.
Noun
  1. (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