Contributory negligence

In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence.

Tort law
Part of the common law series
(Outline)
Trespass to the person
Assault Battery False imprisonment Intentional infliction of emotional distress
Property torts
Trespass land chattels Conversion
Dignitary torts
Appropriation Defamation Slander Libel False light Invasion of privacy Intrusion on seclusion Breach of confidence Abuse of process Malicious prosecution Sexual torts Alienation of affections Criminal conversation Seduction Breach of promise
Negligent torts
Negligent infliction of emotional distress Employment-related Entrustment Malpractice legal medical
Principles of negligence
Duty of care Trespassers Licensees Invitees Standard of care Reasonable person Proximate cause Res ipsa loquitur Restitutio ad integrum Rescue doctrine Duty to rescue Comparative responsibility Contributory negligence Attractive nuisance
Strict and absolute liability
Product liability Ultrahazardous activity Deep pockets
Nuisance
Public nuisance Rylands v Fletcher
Economic torts
Conspiracy Restraint of trade Insurance bad faith (American law) Fraud Tortious interference
Defences
Assumption of risk Consent Necessity Statute of limitations Self-defense Defense of others Defence of property Shopkeeper's privilege Neutral reportage
Liability
Intentional torts Last clear chance Eggshell skull Vicarious liability Respondeat superior Volenti non fit injuria Ex turpi causa non oritur actio Joint and several liability Market share liability Transferred intent
Remedies
Damages Punitive Special Incidental Injunction Tracing Detinue Replevin Trover
Other topics in tort law
Tort reform Non-economic damages caps Quasi-tort Delict (term used for torts in some civil and mixed legal systems) Conflict of tort laws Private attorney general Class action
By jurisdiction
Australia Canada China England and Wales European Union India Japan Taiwan United States
Other common law areas
Contracts Criminal law Evidence Property Wills, trusts, and estates
Law portal

Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach. A comparative negligence approach reduces the plaintiff's damages award by the percentage of fault the fact-finder assigns to the plaintiff for their own injury. For example, if a jury thinks the plaintiff is 30% at fault, the plaintiff's damages award will be reduced by 30%.

This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.