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  • The doctrine of contributory negligence has been replaced by comparative negligence in most jurisdictions.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