What is contributory negligence?

The term “contributory negligence” is used to describe the actions of an injured person that may have also caused or contributed to his injury. For example, if you were hit by a bike while crossing the street, but you jumped into the street without looking first then your carelessness will be taken into consideration and any money that you receive may be discounted because of your own carelessness. If you are found to have contributed to your own injury, the rules in some states will prevent you from collecting any money. Many states have done away with the concept of contributory negligence altogether and instead use the concept of “comparative negligence.” Comparative negligence looks to the degree of fault of each party in determining whether an award is justified in the case and what amount the award will be.

Other Personal Injury FAQs

Q: What is negligence?
A: In its most simple definition, it means that someone was careless and as a result of being careless, someone else was injured. Negligence serves as the basis for a … More
Q: What does the term "liable" mean?
A: The term liable generally means that a court has determined individual, company or some other entity caused, and is responsible for, another person's injury. … More
Q: What does the term "reasonable person" mean?
A: A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under the same or similar circumstances. The … More
Q: What does "duty" mean in a negligence lawsuit?
A: When talking about negligence, duty is the legal obligation that the law imposes on us to protect and respect the safety of others around us. That means doing … More
Q: What is comparative negligence?
A: Comparative negligence works on a percentage basis to assign a degree of fault for the injuries suffered. For example, in a case where a person slips and falls on a … More
Q: What is the "assumption of the risk" doctrine?
A: If you have knowingly and voluntarily assumed the risk inherent in a particular action that caused an accident, you cannot sue the other person for negligence if you … More
Q: What is strict liability?
A: Some persons or companies may be held “strictly liable” for certain activities that harm others, even if they have not acted negligently or with wrongful … More
Q: What happens in a deposition?
A: If you file a personal injury lawsuit, the attorney for the defendant will likely “depose” you or take your deposition. A deposition is the process … More
Q: What is "premises liability?
A: The term "premises liability" generally refers to accidents that occur due to the negligent maintenance or unsafe or dangerous conditions upon property owned … More