CONTRIBUTORY NEGLIGENCE

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What is the Concepts of Contributory Negligence Including Factors For Review and Court Consideration

Contributory negligence is a legal concept that can arise in cases where a plaintiff, who has suffered harm or injury, is found to have contributed to the harm through their own negligent actions or failure to exercise reasonable care. In jurisdictions that apply contributory negligence, it can affect the amount of compensation the plaintiff is entitled to receive. It is important to note that some jurisdictions have adopted a comparative negligence system, where the plaintiff’s recovery is reduced based on the degree of their own fault rather than completely barred.

Here are key concepts related to contributory negligence, including factors for review and court consideration:

Definition of Contributory Negligence: Contributory negligence refers to the plaintiff’s failure to exercise reasonable care for their own safety, which contributes to their own injury or damages.

Complete Bar vs. Comparative Negligence: In jurisdictions that follow a contributory negligence system, if the plaintiff is found to be even slightly negligent, their claim may be completely barred, and they may be unable to recover any damages. In contrast, under a comparative negligence system, the plaintiff’s recovery is reduced proportionally to their degree of fault.

Reasonable Person Standard: Courts assess contributory negligence based on the standard of care that a reasonable person would have exercised in similar circumstances. If the plaintiff’s actions fall below this standard, they may be deemed contributorily negligent.

Assessment of Fault: Courts consider the actions of both the plaintiff and the defendant to determine the degree of fault on each side. The plaintiff’s actions are evaluated in terms of their foreseeability, reasonableness, and the connection to the harm suffered.

Factors for Review: Various factors may be considered in determining contributory negligence, including the plaintiff’s awareness of risks, their ability to avoid harm, and whether they took reasonable precautions. The court may also assess the timing and nature of the plaintiff’s actions.

Comparative Fault: In jurisdictions with comparative negligence, the court assesses the percentage of fault attributable to each party. The plaintiff’s recovery is then reduced by their percentage of fault.

Burden of Proof: The burden of proving contributory negligence generally rests on the defendant. The defendant must demonstrate that the plaintiff’s actions or omissions met the criteria for contributory negligence.

Affirmative Defense: Contributory negligence is often raised as an affirmative defense by the defendant. The defendant asserts that the plaintiff’s own negligence played a role in causing the harm and, therefore, should affect the damages awarded.

Statutory Modifications: Some jurisdictions have modified the traditional contributory negligence rule by adopting comparative negligence statutes. These statutes may allow recovery by the plaintiff even if they were partially at fault, but the recovery is reduced based on their percentage of fault.

Effect on Damages: In contributory negligence systems, if the plaintiff is found to have contributed to their own harm, their damages may be entirely barred. In comparative negligence systems, the damages are reduced proportionally.
Contributory negligence is a complex legal concept, and its application can vary by jurisdiction. It is advisable for individuals involved in legal proceedings to seek legal advice from paralegals like George Brown Professional Corporation to understand how contributory negligence may apply to their specific case and jurisdiction.

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