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Torts • Defenses to Negligence
TORT#054
Legal Definition
The defense of contributory negligence claims that negligence by the plaintiff contributes to his own injuries, and, thus, is a complete bar to recovery. Most jurisdictions have abolished it.
Plain English Explanation
"Contributory Negligence" is the legal defense equivalent of, "Yeah, but they were stupid, too!" Imagine Bob negligently pouring oil out on a sidewalk. Later, Sam comes running by while holding scissors and slips on the oil, landing on his now-bloody scissors. Sam would argue that Bob is liable for his injuries because he negligently caused the sidewalk to be slippery. In response, Bob may say, "Sure, I did that — but Sam is the fool who was running with scissors." Sams negligence contributed to his injuries.
Where a defendant can establish that the plaintiff negligently contributed to their own harm, the plaintiff is prevented from recovering. These days, most states have gotten rid of this rule.
Where a defendant can establish that the plaintiff negligently contributed to their own harm, the plaintiff is prevented from recovering. These days, most states have gotten rid of this rule.
Visual Aids
Related Concepts
In assessing negligence, what is assumption of risk?
In assessing negligence, what is comparative negligence?
In assessing negligence, what is emergency?
In assessing negligence, what is the last clear chance rule?
What are the defenses to negligence?
When is contributory negligence of a third party imputed to a plaintiff?
