What is contributory negligence?
The term “contributory negligence” is used to describe the actions of an injured person that may have also caused that person’s own injuries. For example, a person who ignores a “Wet Floor” sign and slips and falls in the supermarket may be found to have been careless and at fault for any injuries sustained. “Contributory negligence” can prevent a person from collecting any monies to compensate for injuries suffered, even if that person’s carelessness was minor. Some states have done away with the concept of contributory negligence and instead use the concept of “comparative negligence.
Contributory negligence is an injured person’s failure to exercise due care, which contributed to the injury. One example of contributory negligence in a failure-to-diagnose case would be if a doctor recommends that the patient undergo a screening exam for cancer and the patient neglects to follow through with the doctor’s instructions, only to be diagnosed with cancer later. Return to index . . .
Contributory negligence is a defense to an auto accident claim. It is usually raised by the insurance company adjuster as a way to get out of paying any money to the injured accident victim. At later stages, the issue would be raised by the insurance company lawyer. It is a complete defense in an automobile accident case. In Virginia, Maryland, and Washington D.C., (all Contributory Negligence jurisdictions), there is no comparison of the fault between the plaintiff and defendant, even if the defendant was negligent in causing the accident. Negligence on the part of the plaintiff which causes or contributes to the happening of the accident or the injuries, bars any recovery whatsoever. Many lawyers, judges and injured accident victims have criticized this law as being harsh and unfair. The vast majority of states have in place a system of comparative negligence which compares the fault of the parties to the case, and basically reduces the injured party’s recovery by their own percentag
Contributory negligence is a common defense to a negligence claim, in which the defendant argues that the plaintiff’s negligence contributed to his or her injuries. Proof of contributory negligence in North Carolina will prevent the plaintiff from collecting damages. North Carolina is one of only a few states that still allow contributory negligence as a defense.
