Contributory Negligence

Contributory Negligence in United States

Contributory Negligence Definition

Failure of one injured by the negligence of another to use ordinary care, which failure is a concurrent cause with that of such other person in producing the injury. (This definition of Contributory Negligence is based on the Cyclopedic Law Dictionary ).

Practical Information

Lack of care by the person suing in a negligence (in U.S. law) action, which, concurring with the defendant’s negligence, was a proximate cause of his or her injury. Most courts hold that if the complaining party in any way negligently contributes to his or her own injury, damages (in U.S. law) may not be collected. See also last clear chance (in U.S. law). (Revised by Ann De Vries, 1982)

For a meaning of it, read Contributory Negligence in the Legal Dictionary here.

Contributory Negligence, Comparative Negligence, and Assumption of Risk

After disclaimers and privity issues are resolved, other possible impediments facing the plaintiff in a products-liability warranty case are issues of assumption of the risk, contributory negligence, and comparative negligence (discussed also in the entry about torts and Tort law).

Courts uniformly hold that assumption of risk is a defense for sellers against a claim of breach of warranty, while there is a split of authority over whether comparative and contributory negligence are defenses. However, the courts’ use of this terminology is often conflicting and confusing. The ultimate question is really one of causation: was the seller’s breach of the warranty the cause of the plaintiff’s damages?

The UCC is not markedly helpful in clearing away the confusion caused by years of discussion of assumption of risk and contributory negligence. Section 2-715(2)(b) of the UCC says that among the forms of consequential damage for which recovery can be sought is “injury to person or property proximately resulting from any breach of warranty” (emphasis added). But “proximately” is a troublesome word. Indeed, ultimately it is a circular word: it means nothing more than that the defendant must have been a direct enough cause of the damages that the courts will impose liability.

Comment 5 to this section says, “Where the injury involved follows the use of goods without discovery of the defect causing the damage, the question of ‘proximate’ turns on whether it was reasonable for the buyer to use the goods without such inspection as would have revealed the defects. If it was not reasonable for him to do so, or if he did in fact discover the defect prior to his use, the injury would not proximately result from the breach of warranty.”

Obviously if a sky diver buys a parachute and then discovers a few holes in it, his family would not likely prevail in court when they sued to recover for his death because the parachute failed to function after he jumped at 5,000 feet. But the general notion that it must have been reasonable for a buyer to use goods without inspection can make a warranty case difficult to prove. (1)

Meaning of Contributory Negligence

In plain or simple terms, Contributory Negligence means: The failure to exercise care by a plaintiff, which contributed to the plaintiff’s injury.

Motor Vehicle Accidents—Contributory Negligence by Bicyclist

This section discusses generally the subject of Motor Vehicle Accidents—Contributory Negligence by Bicyclist, how to determine the facts essential to Motor Vehicle Accidents—Contributory Negligence by Bicyclist, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

Contributory Negligence (Liability)

This section introduces, discusses and describes the basics of contributory negligence. Then, cross references and a brief overview about Liability is provided. Finally, the subject of Collisions in relation with contributory negligence is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

Resources

Notes

  1. “Business and the Legal Environment”, by Don Mayer, Daniel M. Warner and George J. Siedel.

See Also

Proportional liability
Contributory negligence
Comparative fault

Further Reading


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