Contributory negligence

For other uses, see Negligence (disambiguation).

Tort law
Part of the common law series
Intentional torts
Assault · Battery False imprisonment Intentional infliction of emotional distress (IIED) Transferred intent
Property torts
Trespass (land · chattels) Conversion · Detinue Replevin · Trover
Defenses
Assumption of risk Comparative negligence Contributory negligence Consent · Necessity Statute of limitations Self-defense Defense of others Defense of property Shopkeeper's privilege
Negligence
Duty of care · Standard of care Proximate cause · Res ipsa loquitur Calculus of negligence Rescue doctrine · Duty to rescue
Specific types Negligent infliction of emotional distress (NIED) Employment-related · Entrustment Malpractice (legal · medical)
Liability torts
Product liability  · Quasi-tort Ultrahazardous activity
Nuisance
Public nuisance Rylands v. Fletcher
Dignitary torts
Defamation · Invasion of privacy False light · Breach of confidence Abuse of process Malicious prosecution Alienation of affections · Seduction
Economic torts
Fraud · Tortious interference Conspiracy · Restraint of trade
Liability, remedies
Last clear chance · Eggshell skull Vicarious liability · Volenti non fit injuria Ex turpi causa non oritur actio Neutral reportage · Damages Injunction · Torts and conflict of laws Joint and several liability Comparative responsibility Market share liability
Duty to visitors
Trespassers · Licensees · Invitees Attractive nuisance
Other common law areas
Contracts · Criminal law · Evidence Property · Wills, trusts and estates
Portals
Law
v · d · e

Contributory negligence in common-law jurisdictions is defense to a claim based on negligence, an action in tort. It applies to cases where a plaintiff/claimant has, through his own negligence, contributed to the harm he suffered. For example, a pedestrian crosses a road negligently and is hit by a driver who was driving negligently.

Contributory negligence is often regarded as unfair because under the doctrine a victim who is at fault to any degree, including only 1% at fault, may be denied compensation entirely.^[1]:85

Contributory negligence can be compared to comparative negligence, where the negligence of the plaintiff is not a complete defense of the insured but can reduce the damages.

Burden of proof

In some jurisdictions, the defendant has to prove the negligence of a plaintiff or claimant. In others, the burden is on a plaintiff to disprove his own negligence. The tortfeasor may still be held liable if he had the last clear chance to prevent the injury (the last clear chance doctrine).

Availability

Contributory negligence is generally a defense to a tort of negligence. The defense is not available if the tortfeasor's conduct amounts to malicious or intentional wrongdoing, rather than to ordinary negligence. In England and Wales, it is not a defense to the tort of conversion or trespass to chattels. In the U.S., it is not a defense to any intentional tort.

Culture

"Contributory Negligence" was the title of a circa 1982 poem by Attila the Stockbroker, a performance poet in the U.K. The poem criticized a court decision where a rapist escaped heavy punishment and was ordered to pay only a fine on the ground that the women in some way provoked or contributed to the rape.

History

The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century.^[1] The English case Butterfield v. Forrester is generally recognized as the first appearance, although ironically in this case the judge found the victim to be the sole proximate cause of the injury.^[1]

See also

• Damages

References

1. ^ ^{a b c} Little WBL. (2007). “It is Much Easier to Find Fault With Others, Than to be Faultless Ourselves”: Contributory Negligence as a Bar to a Claim for Breach of the Implied Warranty of Merchantability. Campbell Law Review.

External links

• Worldlii links to resources on the subject of damages