What Is 'Contributory Negligence' In A Civil Claim?
Contributory Negligence is the concept that a Plaintiff who is negligent and whose negligence contributes proximately to his injuries is totally barred from recovery. This concept is “all or nothing” meaning that if a Plaintiff is 1% negligent—cannot recover anything. This doctrine Encourages forum shopping. Some jurisdictions embrace the Last Clear Chance limit on this defense. This is the concept that If just before the accident, Δ had an opportunity to prevent the harm, and Π did not have such an opportunity—Δ becomes liable For example, Π crossed street without looking. Δ saw Π and tried to avoid hitting him but stepped on the gas instead of the brakes. D’s discovery of the danger gave him a last clear chance to avoid the accident which he failed to take advantage of. This last clear chance wipes out the effect of Π’s contributory negligence—Π can recover against Δ.
Practice Area Information
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