Contributory Or Comparative Negligence

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Contributory Or Comparative Negligence

Contributory negligence: Conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection and which is legally contributing cause in addition to the negligence of the defendant in bringing about the plaintiff`s harm. At common law any amount of contributory negligence would bar recovery. Meaning that if the Court found the plaintiff contributing to his/her injuries then they would be barred or stopped from any recovery.

Comparative Negligence: the allocation of responsibility for damages incurred between the plaintiff and defendant, based on the relative negligence of the two. The reduction of the damages to be recovered by the negligent plaintiff in proportion to his fault, i.e., if the Court found that the plaintiff was 15% responsible for his/her injuries then any recovery would be decreased by that 15%.

Alabama adheres to the pure doctrine of contributory negligence.

Other Alabama Medical Malpractice FAQs

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