contributory negligence


  • Personal Injury Law/Tort Law

Definitions of contributory negligence

  • UK TORT a defense that prevents a claimant from being awarded full damages if he or she did not take reasonable care of his or her self. The award for damages will be reduced according to the claimant’s share of responsibility for the loss or injury US TORT=comparative negligence

    The claimant's award was reduced due to his contributory negligence.

  • US TORT a defence that prevents a claimant from being awarded damages if he or she has knowingly and voluntarily accepted the risk of loss, injury or damage

    Some jurisdictions have replaced the traditional defense of contributory negligence with a comparative fault method of dividing liability among parties.

Phrase Bank for contributory negligence

  • The court rejected the defendant’s argument of contributory negligence.

  • The issue for the court was the absence or prescence of contributory negligence on the part of the defendant.

  • A child cannot be guilty of contributory negligence.

  • This rule represents a contributory negligence defense.

  • The court found that there was no contributory negligence.

  • The action was not enough to constitute contributory negligence.

  • The defence of contributory negligence was not available in this case.

  • In our opinion, the Plaintiff (=person bringing claim against someone) was guilty of contributory negligence.

Additional Notes for contributory negligence

  • In US law, contributory negligence and assumption of risk used to be two separate doctrines. Assumption of risk has now been subsumed by (=included as a part of) contributory negligence in most US jurisdictions.